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Contract 40125
CI 6/CITY ISE C,1411k,P.?" D., E ILE ,REF CT NO. CON! bM.:1Cdr3 *IDI/likc"'" AL CONTRACT DOCUMENTS CoNisrpLIC1 ", FY FOR CUE 141 TOR CONDITION ASSESSMENT PROGRAM Contract 1: Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection PROJECT NO.: ICAP09-1 WATER DEPT. NO. :PE45-0707015-539120 CITY OF FORT WORTH WATER DEPARTMENT MIKE MONCRIEF DALE A. FISSELER, P.E. MAYOR S. FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT PREPARED BY: City of Fort Worth Water Department Engineering Division July 2009 CITY MANAGER M&C Review Page I of 2 it ���� ��n� � ��� m��n� � COUNCIL ACTION: Approved on 4113/2010 � � �� x���v..�ii IU8 DATE: 4/13/2010 REFERENCE NO.: *°C-24174 LOG NAME: 601CAP05-1ACE CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize the Execution of a Contract in the Amount of $848,875.00 with Ace Pipe Cleaning, Inc., for the Interceptor Condition Assessment Program Contract 1: Larger Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Contract in the amount of $848,875.00 with Ace Pipe Cleaning, Inc., for the Interceptor Condition Assessment Program Contract 1: Larger Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection. The Interceptor Condition Assessment Program includes the cleaning and inspection of large diameter sanitary smvvena located Citywide. Interceptor Condition Assessment Pro0nonn Contract 1 consists specifically of work items necessary to perform inspection of large diameter pipelines. This project inanintogre|padofthmFortVVodhVVastewvaterTreatnlmntPnognmnntVeUminahoand prevent sanitary sewer overflows and bypasses in the wastewater collection system and to comply with United States Environmental Protection Agency proposed regulations known as Capacity, Management, Operations and Maintenance (CK8DM). The project was advertised for bid in the Fort Worth Star-Teleciram on July 23, 2009, and July 30, 2OO8.{}nAugust 27.2OOA.the following bids were received: B|[)[)ER TOTAL BID Ace Pipe Cleaning, Inc. $848.875.00 Compliance EnVirVSyoterne. LLC $1.108.598.15 The bid documents included astipulation that the total quantities listed may not reflect actual quantities and are based on the budgeted amount of $1,334,000.00. It was also stipulated that regardless of the dollar amount bid, the contract would be awarded in the amount of$1,334.00O.00 or the amount bid. whichever was lower. Final payments will be made based on actual quantities. Funds were not specifically budgeted for this project in the Fiscal Year 2010 Adopted Budget-, however, the department has identified current year savings to offset the full cost, A waiver of the MIWBE subcontracting/supplier goal was granted by the M/WBE Office for this contract due bonegligible subcontracting orsuppliers opportunities. RENEVVAL-The Contract includes three one year renewal options under the same terms, conditions and unit prices. This project affects ALL COUNCIL DISTRICTS. FlSCAL|NFORMAllON/CEFkTlF}CATlO0: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. Funds were not specifically budgeted for this project in the Fiscal Year 2010 Adopted Budget; however, the department has identified current year savings tooffset the full cost. TOFumd/Acoount/Centers FROM Fund/Account/Cen.tens PE45 539120 0707015 $848,875.00 Submitted for City Manager's Office by: Fernando Costa (8122) Originating- Department Head: S. Frank Crumb (8246) Additional Information Contact: David Cooper (8252) ATTACHMENTS htN:&m�.cfwnet.mrglcmmci| c_revlew.l29l5&moun�|datc=41|3120|0 4/21/200 SPECIAL CONTRACT DOCUMENTS FOR INTERCEPTOR CONDITION ASSESSMENT PROGRAM Contract 1: Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection PROJECT NO.: ICAP09-1 WATER DEPT. NO.: PE45-0707015-539120 MIKE MONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER S. FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT Approved: Andrew T. Cronberg, P.E., Assistant Director, Water Department Approved: Travis M. Andrews, Assistant Director, Field Operations INTERCEPTOR CONDITION ASSESSMENT PROGRAM Contract 1: Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection PROJECT NO.: ICAP09-1 WATER DEPT. NO.: PE45-0707015-539120 July, 2009 i., ,..) 4,„,,,,,,7-,.,;,),t, r.•.,•..4...,(:,,;,,,,,,,,,1 ,‘..,. David L. Cooper, P.E. Fort Worth Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 PART A PART B INTERCEPTOR CONDITION ASSESSMENT PROGRAM Contract 1: Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection Project No.: ICAP09-1 TABLE OF CONTENTS NOTICE TO BIDDERS Notice to Bidders Comprehensive Notice to Bidders Special Instructions to Bidders PROPOSAL M/WBE Requirements Proposal PART C GENERAL CONDITIONS PART C 1 SUPPLEMENTARY CONDITIONS PART D SPECIAL CONDITIONS PART E TECHNICAL SPECIFICATIONS Item 0100 Summary of Work Item 0200 CCTV, Sonar, and Laser Inspection PART F BONDS AND INSURANCE Certificate of Insurance Environmental Impairment Liability Insurance Performance Bond Payment Bond Contractor's Compliance with Worker's Compensation Law PART G CONTRACT PART A NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals for the following: FOR: INTERCEPTOR CONDITION ASSESSMENT PROGRAM Contract 1 — Large Diameter Sanitary Sewer CCTV, Sonar, and Laser Inspection Project No. ICAP09-1 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 TI{ROCKMORTON ST FORT WORTH TX 76102-6311 Sealed proposals for the INTERCEPTOR CONDITION ASSESSMENT PROGRAM CONTRACT 1 — LARGE DIAMETER SANITARY SEWER CCTV, SONAR, AND LASER INSPECTION will be received in the office of the Purchasing Manager until 1:30 P.M., Thursday, August 27, 2009 and then publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the Water Department, Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102. One set of documents will be provided at no charge to prospective bidders. General Contract Documents and General Specifications for Water Department projects, dated January 1, 1978, with the latest revisions, also compromise a part of the Contract Documents for this project and may be obtained by paying a non-refundable fee of $50.00 for each set, at the office of Water Department, Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102. All bidders submitting bids are required to be pre -qualified in accordance with the requirements of the Special Instructions to Bidders. A pre -bid conference will be held at 10:00 A.M. on Thursday, August 6, 2009 in the Water Administration Conference Room, 2nd Floor City hall, 1000 Throckmorton Street. The Engineer will transmit to all prospective bidders of record such Addenda as he considers necessary in response to questions arising at the pre -bid conference. Bidders arc responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces in the PROPOSAL Form. Bids that do not acknowledge receipt of all addenda may be rejected as being non -responsive. Information regarding the status of addenda may be obtained by contacting the Water Department at 817-392-8240. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until expiration of ninety (90) days from the date the bids are received. For additional information, contact David L. Cooper, P.E. at 817-392-8252. Advertising Dates: July 23, 2009 July 30, 2009 Fort Worth Water Department Part A - Notice to Bidders Page 1 of 7 7/21/2009 COMPREHENSIVE NOTICE TO BIDDERS 111111,, Sealed proposals for the following: FOR: INTERCEPTOR CONDITION ASSESSMENT PROGRAM Contract 1 — Large Diameter Sanitary Sewer CCTV, Sonar, and Laser Inspection Sewer Project No. ICAP09-1 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-631 1 will be received at the Purchasing Office until 1:30 p.m., August 27, 2009 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Contract Documents for this project may be obtained at the Water Department, Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 761 02. One set of documents will be provided at no charge to prospective bidders. General Contract Documents and General Specifications for Water Department projects, dated January 1, 1978, with the latest revisions, also com prom isea part of the Contract Documents for this projcct and may be obtained by paying a non-refundable fee of $50.00 for each set, at the office of Water Department, Municipal Building, 1000 Throckmorton, Fort Worth, Texas, 76102. All bidders submitting bids are required to be pre -qualified in accordance with the requirements of the Special Instructions to Bidders. A pre -bid conference will be held at 10:00 A.M. on Thursday, August 6, 2009 in the Water Department Administration Conference Room, 2' floor City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. The Engineer will transmit to all prospective bidders of record such Addenda as he considers necessary in response to questions arising at the Re -bid conference. The major work will consist of the following (A II Approximate): SEWER LINE CCTV, SONAR, AND LASER INSPECTION (15" — 96") SIPHON SONAR INSPECTION (15" — 60") 183,300 If 4,485 If Included in the above will be all other miscellaneous items of work as outlined in the Plans, General Contract Documents and Specifications. NOTICES All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City of Fort Worth Ordinance no, 7400 (Fort Worth City Code Sections 13-A-221 through 13-A-29) prohibiting discrimination in the employment practices. Bid security may be required in accordance with Special Instructions to Bidds. The City of Fort Worth reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. The award of contract, if made, will be within ninety (90) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the Contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Addenda Index and Receipt forrn(s). Bids that do not acknowledge receipt of all addenda may be rejected as being non -responsive. Information regarding the status of addenda may be obtained Fort Worth Water Department Pan A - Notice to Bidders Page 2 of 7 7/21 /2009 COMPREHENSIVE NOTICE TO BIDDERS hy contacting the Water Department at 817-392-8240. Bidders, using the printed copy, shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specification book or face rejection of the bid as non -responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within thetime deadline stated below or the bidder may request a copy of said forms from the City of Fort Worth Project Manager named in this solicitation. In accordance with the City of Fort Worth Ordinance No, 15530, the City of Fort Worth has goals for the participation of rninority business enterprises and women business enterprises in City of Fort Worth contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City of Fort Worth business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employeeof the Water Department to whom delivery was made. Such receipt shall be evidence that the City of Fort Worth received the Documentation, Failure to comply shall render the bid nonresponsive. SUBMISSION OF BID AND AWARD OF CONTRACT The proposal within this document is designed as a package. In order to be considered an acceptable bid, the Contractor is required to submit a bid for the complete proposal. A bid proposal submittal that is received with the proposal incomplete will be rejected as being non -responsive. The Contractor who submits the bid with the lowest price, will be the apparent successful bidder for the project. However, the maximum contract amount is $1,334,000 in accordance with Section D-12 of the Special Conditions. Bidders are hereby informed that the Director of the Water Department reserves the right to evaluate and recommend to the City of Fort Worth City Council thebid that is considered to be in the best interest of the City of Fort Worth. For additional information, please contact either Mr. David L. Cooper, P.E. at Telephone Number: 817-392-8252, or by email: david.coonerOfortworthgov.org, or Mr. Darrell Gadberry at Telephone Number: 817-392-5021, or by e-mail: darrell.Qadberrvl&,fortworthgov.ora DALE A. FISSELER, P.E. MARTY HENDRIX CITY MANAGER CITY SECRETARY By: Advertising Dates: July 23, 2009 July 30, 2009 Tony Sholola, P.E Engineering Manager, Water Department Fort Worth Water Department Part A -Notice to Bidders Page 3 of 7 7/21/2009 SPECIAL INSTRUCTIONS '1'0 BIDDERS (WATER DEPARTMENT) 1. SPECIAL PROJECT PRE -QUALIFICATION IZEOUIREMENTS: All contractors submitting bids on the project are required to meet the Fort Worth Water Department special pre -qualification requirements for this project prior to submitting bids. Previous pre -qualification by the Fort Worth Water Department will not be considered as meeting this requirement. This one-time special project -specific process will pre -qualify potential bidders whose bids will be considered for award based upon the financial statement and experience. In addition, the process will establish a bid limit based on an analysis of the contractor's finances. It is the bidder's responsibility to submit documentation for those items listed below, to the Water Department's designated representative, at least fourteen (14) calendar days prior to the date of bid opening. The Water Department may request any other documents it may deem necessary. Any additional documents so requested shall be submitted to the Water Department's designated representative at least seven (7) calendar days prior to the date of the opening bids. (a) COVER LETTER; The cover letter provided by the prospective bidder with the pre - qualification information must include the name of a contact individual that the City may contact for additional information if needed. (b) FINANCIAL STATEMENT: The financial statement required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. (c) CONTRACTOR EXPERIENCE: For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and technical level as that of the project for which bids are to be received. Experience must be on comparable projects that were completed no more than three (3) years prior to the date on which bids will be received. References shall be submitted for a minimum of three (3) projects. The three referenced projects must contain a minimum of 30,000 linear feet (If), total for the three projects, of large diameter (27" diameter and greater) sanitary sewer main: CCTV Inspection — 10,000 If minimum, Sonar Inspection — 10,000 If minimum, and Laser Inspection — 10,000 If minimum. References must include a contact person name, telephone number, project name and total cost (ea), and the specific workdone. (d) PERSONNEL EXPERIENCE: The prospective bidder shall submit the names and resumes for the proposed project manager and project superintendent. This information shall include a list of all sanitary sewer CCTV, Sonar and Laser Inspection projects that the proposed project manager and project superintendent completed within the last three (3) years to demonstrate their ability to perform large diameter sanitary sewer inspection. The Water Department will review each pre -qualification submittal. From the financial statement, the maximum bid limit will be based on amount of liquid assets times 10. The following conditions will apply: (a) The Director of the Water Department shall be the sole judge as to the acceptability for financial, experience and other qualifications to bid on any Fort Worth Water Department project. Fort Worth Water Depadmer t Part A - Notice to Bidders Page 4 of 7 7/21/2009 (b) Bids received in excess of the bid limit shall be considered non -responsive and will be rejected as such. (c) The City, in its sole discretion, may reject a bid for failure to demonstrate an acceptable performance, financial statement, equipment schedule, experience and/or expertise. (d) Any proposals submitted by a non pre -qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. (e) It is the bidder's responsibility to check with the City to determine issuance of prequalification; however, the City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or the magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary pre - qualifications. (f) JOINT VENTURES: In the event the Bidder on this contract is a Joint Venture, financial statements from each joint venturer shall be submitted for prequalification, as well as the experience record and list of equipment of each joint venturer, The financial statements required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid license issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the each joint venturer. The statements must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. It is not required that each joint venturer shall have the necessary experience and equipment, rather that combined, the joint venture has the required experience and equipment. Upon request, the joint venture agreement shall be submitted for review. For additional information contact Mr. John Kasavich, P.E., Fort Worth Water Department at (817) 392- 8480 (Fax 817-392-8195). Pre -qualification submittal should be sent to: Mr. John Kasavich, P.E. Fort Worth Water Department 1000 Throckmorton Street Fort Worth, TX 76102-6212 2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: 2.1. Before submitting his Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the work site to familiarize with local conditions that may in any manner affect performance of the work, (c) familiarize himself with federal, state, and local laws, ordinances, rules and regulations affecting performance of the work, and (d) carefully correlate his observations with the requirements of the Contract Documents. 2.2 Reference is made to the Supplementary Conditions for the identification of those surveys and investigation reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the work, which have been relied upon by Engineer in preparing the Drawings and Specifications. The data is furnished for information only and neither the Owner nor Engineer guarantees the accuracy of the data. Before submitting his Bid each Bidder will, at his own expense, make such additional surveys and investigations, as he may deem necessary to determine his bid price for the performance of the work within the terms of the Contract Documents. Fort Worth Water Department Part A - Notice to Bidders Page 5 of 7 7/21/2009 The Bidder acknowledges by the submission of his bid that he is solely responsible for trench excavation safety as prescribed by the Occupational Safety and Health Administration and 1113662 and HB665 as amended by the 72"d Session of the Texas Legislature and amended by the 73rd Session of the Texas Legislature with HB1569. 2.3. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of the Contract Documents. 3, BID FORM (PROPOSAL): 3.1 Bidders shall use the Bid (Proposal) forms included in these documents, Supplemental data to be furnished shall be included in the same seated envelope with Proposal. 3.2 Bid (Proposal) Forms must be completed in ink. The bid price of each item on the form must be stated in words, if specifically requested, and/or numerals; in case of a conflict, words will take precedence. 4, BID SECURITY: A cashier's check or an acceptable bidder's bond payable to the City of Fort Worth in an amount of not less than five percent (5%) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one -tenth (1/10) the total capital and surplus. 5. BONDS: A performance bond and a payment bond each for one hundred percent (100%) of the contract price will be required, Reference C 3-3,7. 6. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents must be paid on this project. 7. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 8. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 9, NONRESIDENT BIDDER: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in the State of Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. This provision does not apply if this contract involves Federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. Fort Worth Water Department Part A - Notice to Bidders Page 6 of 7 7121/2009 10, PAYNItNT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. 11. AGE: In accordance with the policy ("Policy") of the Executive branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify, and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 12. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state, and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 13. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with City of Fort Worth Ordinance, No. 13471, as amended by Ordinance No. 13781, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. Fort Worth Water Department Part A - Notice to Bidders Page 7 of 7 7/21/2009 INTERCEPTOR CONDITION ASSESSMENT PROGRAM Contract 1: Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection PROJECT NO.: ICAP09-1 WATER DEPT. NO. :PE45-0707015-539120 1.11e M/VVBE Recrirements for this contract have been waivedj op, yr' PROPOSAL (This proposal must not be removed from this book of Contract Documents,) TO: City of Fort Worth Purchasing Division 1000 Throckrnorton St Fort Worth, TX 76102-6311 PROPOSAL FOR: The furnishing of all materials, equipment and labor for the CCTV, Sonar, and Laser Inspection of large diameter sanitary sewer lines throughout the City of Fort Worth, and to provide a complete and serviceable project designated as: INTERCEPTOR CONDITION ASSESSMENT PROGRAM CONTRACT I: LARGE DIAMETER SANITARY SEWER CCTV, SONAR, AND LASER INSPECTION Project No. ICAP09-1 Water Department No PE45-0707015-539120 Pursuant to the foregoing "Notice to Bidders," the undersigned Bidder, having thoroughly examined the Contract Documents, including maps, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the various sites of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Water Department, City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: Fort Worth Water Department Pan B — Proposal Page 1 of 7 7/21/2009 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 7 EA Job Move -In 2. 4 EA 3. 67,500 LF 4. 53,000 LF 5. 18,000 LF Dollars & Cents per EA „ (4,71l C.) $ Emergency Job Move -In Dollars & $ Cents per EA $ Sewer Inspection by any Combination of CCTV, Sonar, or Laser, 15-Inch to 21- lnch Diameter 4 4 Dollars & Cents per LE' $ $ Sewer Sewer Inspection by any Combination of CC"I‘V, Sonar, or Laser, 24-Inch to 36- Inch Diameter 0 LA_ 41') Dollars & Cents per LF $ „ $ Sewer Inspection by any Combination of CCTV, Sonar, or Laser, 39-lnch to 42- Inch Diameter 12t -E4-0 Fort Worth Water Department Part B — Proposal Dollars & Cents per LF $ Page 2 of 7 7/2 112009 i,j11111 PAY APPROXIMATE DESCRIPTION OF ITEMS WITII UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 6. 42,000 LF 7 2,800 LF 8. 300 LF 9. 310 LF 10. 900 LF 27-Inch to 30-Inch Diameter Sewer Inspection by any Combination of CCTV, Sonar, or Laser, 45-1nch to 72- Inch Diameter Dollars & Cents per LF $ Sewer Inspection by any Combination of CCTV, Sonar, or Laser, 84-Inch to 96- Inch Diameter Dollars & Cents per LF $ L , Siphon Inspection by Sonar 15-Inch to 20-Inch Diameter Dollars & Cents per LF $ '7;7 Siphon Inspection by Sonar 21-Inch to 24-Inch Diameter Pc/ ( Dollars & Cents per LF $ ¶ $ VIZI) Cf") Siphon Inspection by Sonar 6"- Fort Worth Water Department Part B — Proposal Dollars & Cents per LF $ $ Page 3 ol 7 7/21/2009 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 11. 2,000 LF 12. 475 LF 13. 500 LF 14, 8 EA Siphon Inspection by Sonar 33-Inch to 42-Inch Diameter Dollars & Cents per LF $ Siphon Inspection by Sonar 45-Inch to 48-1nch Diameter Dollars & Cents per LF $ Siphon Inspection by Sonar 54-Inch to 60-Inch Diameter Dollars & Cents per LF • Locating Manhole with Signal Transmitting Device Fort Worth Water Department Part 3 — Proposal $ Dollars & Cents per EA $ $ Page 4 of 7 7/21/2009 (42 • IC) 100 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BI.D TOTAL BID AMOUNT In figures i.� � Dollars and ;" ( In words P is , m ., ,, �. ,,, :� Cents NOTE:Bid quantities of various items in the proposal are for bid comparison only and may not reflect the actual quantities (see Part C, General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, paragraph C2-2.2 INTERPRETATION OF QUANTITIES and Section C4-4 SCOPE OF WORK, paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES). Moreover, there is to be no limit on the variations between the estimated quantities shown and actual quantities performed or used. Fort Worth Water Department Part B— Proposal Page 5 of 7 72172009 1,1111:111, 1„1,1111, PART B — PROPOSAL (cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% of the Total Amount Bid is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time frame set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractor or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of ilif:V6vei Nonresident bidders of the State of , our principal place ofbusiness, are required to be percent lower than resident bidders by state law. A copy of the statute is attached, Nonresident bidders of the State of _111155a4; , our principal place ofbusiness, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. The Bidder agrees to begin the work within ten (10) calendar days after issue of the work order, and to substantially complete the contract within 365 calendar days after beginning the work as set forth in the written work order to be furnished by the Owner. I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Port Worth Water Department Part B Proposal Page 6 of 7 7/2 I /2C09 (Seal) 0 Date: Cfr CVS" Fort Worth Water Department Respectfully Submitted By d7< Title: Address: Telephone: /14/1-itif ,10,14C„ -4A14f64 /57'9 5v,//491tiii Coot,- 917/- 9 / Part B — Proposal Page 7 of 7 7/21/2009 PART C GENERAL COI\ DIT ONS PART Cl SUPPLEMENTARY CONDITIONS (111j11,,, PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1.1 Definition of Terms C1-1(1) C1-1.2 Contract Documents C1-1(1) C1-1.3 Notice to Bidders C1-1(2) C1-1.4 Proposal C1-1(2) C1-1.5 Bidder C1-1(2) C1-1.6 General Conditions C1-1(2) C1-1.7 Special Conditions C1-1(2) C1-1.8 Specifications C1-1(2) C1-1.9 Bond C1-1(3) C1-1.10 Contract C1-1(3) C1-1.11 Plans C1-1(3) C1-1.12 City C1-1(3) C1-1.13 City Council C1-1(3) C1-1.14 Mayor C1-1(3) C1-1.15 City Manager C1-1(4) C1-1,16 City Attorney C1-1(4) C1-1.17 Director of Public Works C1-1(4) C1-1.18 Director, City Water Department C1-1(4) C1-1.19 Engineer C1-1(4) C1-1.20 Contractor C1-1(4) C1-1.21 Sureties C1-1(4) C1-1.22 The Work or Project C1-1(4) C1-1.23 Working Day C1-1(5) C1-1.24 Calendar Day C1-1(5) C1-1.25 Legal Holiday C1-1(5) C1-1.26 Abbreviations C1-1(5) C1-1.27 Change Order C1-1(6) C1-1.28 Paved Streets and Alleys C1-1(6) C1-1.29 Unpaved Streets and Alleys C1-1(7) C1-1.30 City Streets C1-1(7) C1-1.31 Roadway C1-1(7) C1-1.32 Gravel Street C1-1(7) C2-2 INTERPRETATION AND PREPARATION.OF PROPOSAL C2-2.1 Proposal Form C2-2(1) C2-2.2 Interpretation of Quantities C2-2(2) C2-2.3 Examination of Contract Documents and Site C2-2(2) C2-2.4 Submitting of Proposal C2-2(3) C2-2.5 Rejection of Proposals C2-2(3) C2-2.6 Bid Security C2-2(3) C2-2.7 Delivery of Proposal C2-2(4) C2-2.8 Withdrawing Proposals C2-2(4) C2-2.9 Telegraphic Modification of Proposals C2-2(4) C2-2.10 Public Opening of Proposals C2-2(4) C2-2.11 Irregular Proposals C2-2(5) C I -I (1) C2-2.12 Disqualification of Bidders C2-2(5) C3-3 AWARD OF EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3(1) C3-3.2 Minority Business Enterprise/ Women -Owned Business Enterprise Compliance C3-3(1) C3-3.3 Equal Employment Provisions C3-3(1) C3-3.4 Withdrawal of Proposals C3-3(2) C3-3.5 Award of Contract C3-3(2) C3-3.6 Return of Proposal Securities C3-3(2) C3-3.7 Bonds C3-3(2) C3-3.8 Execution of Contract C3-3(4) C3-3.9 Failure to Execute Contract C3-3(4) C3-3.10 Beginning Work C3-3(4) C3-3.11 Insurance C3-3(4) C3-3.12 Contractor's Obligations C3-3(7) C3-3.13 Weekly Payroll C3-3(7) C3-3.14 Contractor's Contract Administration C3-3(7) C3-3.15 Venue C3-3(8) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4(1) C4-4.2 Special Provisions C4-4(1) C4-4.3 Increased or Decreased Quantities C4-4(1) C4-4.4 Alteration of Contract Documents C4-4(2) C4-4.5 Extra Work C4-4(2) C4-4.6 Schedule of Operations C4-4(4) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4(4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5(1) C5-5.2 Conformity with Plans C5-5(1) C5-5.3 Coordination of Contract Documents C5-5(2) C5-5.4 Cooperation of Contractor C5-5(2) C5-5.5 Emergency and/or Rectification Work C5-5(3) C5-5.6 Field Office C5-5(3) C5-5.7 Construction Stakes C5-5(3) C5-5.8 Authority and Duties of Inspectors C5-5(4) C5-5.9 Inspection C5-5(5) C5-5.10 Removal of Defective and Unauthorized Work C5-5(5) C5-5.11 Substitute Materials or Equipment C5-5(6) C5-5.12 Samples and Tests of Materials C5-5(6) C5-5.13 Storage of Materials C5-5(7) C5-5.14 Existing Structures and Utilities C5-5(7) C5-5.15 Interruption of Service C5-5(8) C5-5.16 Mutual Responsibility of Contractors C5-5(9) C5-5.17 Cleanup C5-5(9) C5-5.18 Final Inspection C5-5(9) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C1-1 ( Im 01111,1'11 NM C6-6.1 C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6-6.11 C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.11 C7-7.12 C7-7.13 C7-7.14 C7-7.15 C7-7.16 C7-7.17 C8-8 C8-8.1 C8-8.2 C8-8.3 C8-8.4 C8-8.5 Laws to be Observed Permits and Licenses Patented Devices, Materials and Processes Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Rights -of -Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment or Relocation of Public Utilities, etc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Section or Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of the Work Limitations of Operations Character of Workmen and Equipment Work Schedule Time of Commencement and Completion Extension of Time of Completion Delays Time of Completion Suspension by Court Order Temporary Suspension Termination of Contract Due to National Emergency Suspension or Abandonment of the Work and Annulment of Contract Fulfillment of Contract Termination for Convenience of the Owner Safety Methods and Practices MEASUREMENT AND PAYMENT Measurement of Quantities Unit Prices Lump Sum Scope of Payment Partial Estimates and Retainage CI-1(1) C6-6 (1) C6-6 (1) C6-6(1) C6-6 (2) C6-6 (2) C6-6 (3) C6-6 (4) C6-6 (4) C6-6 (6) C6-6 (6) C6-6 (8) C6-6 (9) C6-6 (9) C6-6(10) C676(10) C6-6(10) C6-6(11) C6-6 (11) C6-6 (11) C6-6 (12) C6-6(12) C7-7(1) C7-7 (1) C7-7 (1) C7-7 (2) C7-7 (2) C7-7 (3) C7-7(4) C7-7 (4) C7-7 (5) C7-7 (5) C7-7 (6) C7-7 (6) C7-7 (7) C7-7 (8) C7-7 (10) C7-7 (10) C7-7(13) C8-8(1) C8-8 (1) C8-8 (1) C8-8 (1) C8-8 (2) C8-8.6 C8-8.7 C8-8.8 C8-8.9 C8-8.10 C8-8.11 C8-8.12 C8-8.13 Withholding Payment C8-8(3) Final Acceptance C8-8(3) Final Payment C8-8(3) Adequacy of Design C8-8(4) General Guaranty C8-8(5) Subsidiary Work C8-8(5) Miscellaneous Placement of Material C8-8(5) Record Documents C8-8(5) PART C - GENERAL CONDITIONS C1-1 DEFINTIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (sample) White PART B - PROPOSAL (sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow CI -I (1) 1hp 11111101W ,o,V111! PTP (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E SPECIFICATIONS El -White E2-Goldenrod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished directly to interested parties pertaining to the work contemplated under the Contract Documents constitutes the Notice to Bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary covered by the contract Documents in the General Conditions. When Conditions and other elements of provide the information which the for the particular project and not specifically covered considered with the General the Contract Documents they Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications are that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to CI-I(2) ml�iVp^���iuy 11110,,Whi MO, We 1111110, standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as thought they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) c. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part a and C2-2.6) C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross -sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. CI-1 (3) C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub -contractor is a person, firm corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C I -1(4) 011filloyn,„ HIVr0,11, H,V001,1 „nu 1,11Nmv, VIA C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's Day 2. M.L. King, Jr. Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Thanksgiving Friday 8. Christmas Day 9. Such other days in lieu determine. January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 of holidays as the City Council may When one of the above named holidays or a special holiday declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO American Association of State Highway Transportation Officials ASCE - American Society of Civil Engineers LAW - In Accordance With AWWA - American Water Works Association ASA - American Standards Association HI - Hydraulic Institute CI-1(5) ooRde Asph. - Ave. - Blvd. - CI - GI - Lin. - lb. - MH - Max. - CFS - Min. - Mono. - - R - I.D. - 0.D. - Elev. - F - C - In. - Ft. - St. - CY - Yd. - SY - L.F. - D.I. - Ductile Iron Asphalt Avenue Boulevard Cast Iron CL- Galvanized Iron Linear or Lineal Pound Manhole Maximum Center Line MGD -Million Gallons per Day Cubic Foot per Second Minimum Monolithic Percentum Radius Inside Diameter Outside Diameter Elevation Fahrenheit Centigrade Inch Foot Street Cubic Yard Yard Square Yard Linear Foot C1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which found necessary and which was not specifically included scope of the project on which bids were submitted. unit quantities stated in the proposal are not matter of a Change Order unless the increase or decrease is than 25% of the amount of the particular item or items in original proposal. All "Change Orders" shall be prepared by the City information as necessary furnished by the Contractor. may be in the Increase in the subject more the Erom C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: CI -I (6) 101.111,i oolOVoRo nry1. oo1oOljo!, 1111,11:,, Nom 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." C1-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') feet back of the curb lines or four (4') feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. CI -I (7) SECTION C-GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal forms which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received. Such experience must have been on projects completed not more than five (5) years prior to the date on which bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract. Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Prior to the filing of proposal, bidders are required to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary, to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal in prima -facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. C2-2 (2) 11,1y1111::, The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct'. Neither the Owner nor the Engineer guarantees that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do the work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalanced values of any items. Proposals tendered or delivered after the official time designated for receipt of proposals shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the C2-2 (3) 0,Hulyy, Oft 11,11',11,11. three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSALS: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name of description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non - consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non -consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the owner until C2-2 (4) 1,11111',VVIO the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: g• 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. C2-2(5) 111,11,01, .w,plomyn, .1,1.1,111 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. NAN C2-2 (6) ,1)111,V PART C-GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of brining items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re -advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) an/or a Woman -Owned Business Enterprise (WBE) on the contract and the payment therefore. Contractor further agrees, upon request by Owner, to allow an audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with current City Ordinance prohibiting discrimination in employment practices. The Contractor shall post the required C3-3 ( I) 11110d 11111191?' (DIM ,1,1111V notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty- five (45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal and tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work C'3-3 (2) 11110,,, b. or the use of inferior materials. This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. c. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. d. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. e. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury List for that company. Each bond shall be properly executed by both the Contractor and the Surety Company. C3-3 (3) !!!!!!YIVI! !V!!!!!!! 11,110":' IlInv!v11 1,1,11,1,111 Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the Owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the surety Company will, within ten 910) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be C3-3 (4) responsible for delivering to the Owner the sub -contractor's certificate of insurance for approval. The prime contractor shall indicate of the certificate of insurance included in the documents for execution whether or not his insurance covers sub- contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub -contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub -contractors. In case any class of b. employees engaged in under this contract Workers' compensation provide adequate insurance for the protection not so protected. COMPREHENSIVE GENERAL LIABILITY INSURANCE: hazardous is not Statute, employer's of work on the project protected under the the Contractor shall general liability such of his employees The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above -mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub -contractors). 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). 4. Damage to underground utilities for $500,000. 5. Builder's risk (where above -ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). C3-3 (5) n1,1,111111 H141,1,11, 111111))", 1,1Mu17. (11111,100, Ith d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub- contractors, respectively, against damage claims which may arise from operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub -contractor, should the Prime Contractor's insurance not cover the sub -contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified agent, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or C3-3 (6) any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex (the Fort Worth -Dallas area.) The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth -Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. 11,1i1R. (:3-3 (7) 1.1'11114 111(11,1,,, .0m Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth -Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, appropriately signed and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether oriented in furthering the work, or other, are governed directly by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect fort his reason. C3-3.15 VENUE: Venue of any action herein shall be exclusively in Tarrant County, Texas. C3-3 (8) SECTION C4-4 SCOPE OF WORK C4-4.1 IN intention complete, construct. PART C-GENERAL CONDITIONS C4-4 SCOPE OF WORK TENT OF CONTRACT DOCUMENTS: It is the definite of these Contract Documents to provide for a useful project which the Contractor undertakes to or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra of special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "special Provisions: covering all such work will be prepared by the Owner previous to the time of receiving bids or proposal for such work and furnished to the bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C 4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and if found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be C4-4 (I) 01,11,11 M W m, 011:111$1, determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4,4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: and alterations of for other reasons Contract Documents, be performed by the Additional work made necessary by changes the Contract Documents or of quantities or for which no prices are provided in the shall be defined as "Extra Work" and shall Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The C4-4 (2) d. fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the engineer for written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for "extra work" whetheror not initiated by a "change order" shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. G1-4 (3) gvp,,,11„ 1,00/1)1, 1.1,(f.,,1711 111171M)1 1,1!1,1.11111., OP, C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8 " X 11" sheets and at least five black of blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within Ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. C4-4 (4) b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. c. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall, as a minimum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen(14) days' duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and pre -acceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3. Shop fabrication and delivery. 4. Erection or installation. C4-4 (5) 1101111!1), ..11111,11 MONIIMMIWOMMNIMIUMM 0:1,J14H, 1.1111:1#, (,1,1111,11, 11,11111% 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction (if applicable). 8. Final inspection. 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. C4-4 (6) A1111111,1 PART C-GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences of procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the Contract Documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross -sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5 (I) MW h, 4.1,01111 1.11.11% 111(11'111 1,1,:111,;1 00, 11.,0111 6,111,No !q.1111,11'.. C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents, which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the contractor's agent on the work. Such assistant project superintendent shall be a resident of C5-5 (2) Tarrant County, Texas and shall be project Superintendent, at any time day of the week on which the circumstances require the presence representative of the Contractor to adequately provide for the safety or convenience of the travelling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. subject to call, as is the of the day or night on any Engineer determines that on the project site of a The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR opinion of the Owner or Engineer, a exists related to any part of the work, Contractor through his designated with dispatch to a verbal request to alleviate the emergency condition. RECTIFICATION WORK: When, condition of emergency the Contractor, or the representative, shall respond made by the Owner or Engineer Such a in response occur day or night, whether the project is scheduled calendar -day or on a working -day basis. the shall on a Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the elements. C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and C5-5 (3) 1,1,1,11111 4AVNI. ,01,11111, 11,1,1V111, measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking a may be found consistent with good practice. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings, as may be established for the Contractor's use or guidance, shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer the progress of the work and the manner in which it is being performed, any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to, and be decided by, the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The C5-5 (4) Contractor shall regard and obey the directions and instruction of the City Inspector or Engineer when the same are consistent with the obligations -of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5-5 (5) :,Oy171% M. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if contractor wishes to furnish or use a proposed substitute, he shall, prior to the pre -construction conference, make written application to Engineer for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the C5-5 (6) mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the Plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include C5-5 (7) =V, Om% 00,M,V11 ,ouRou!, 41,1N11 ,1011111.1,1' 01,1117,11, ,!111).1.3 MY notification of all utility companies at least forty-eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division of location, time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel of time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached. to the customer's entrance doorknob. The tag shall be durable in composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on between the hours of and This inconvenience will be as short as possible. Thank you, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. C5-5(8) C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the contractor, any other Contractor or any sub -contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub -contractor by agreement or arbitration. If such other Contractor or sub -contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. If, within twenty-four (24) hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed, the Engineer will notify the proper officials of the Owner and request that the final inspection be made. Such inspection will be made within 10 days after such notification. After such C5-5(9) 11.701w, : 01$,1,11, 00 PO. 1,1111,p 111,1101 IN* final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. 111)10,7 C5-5110) 0.0,00,0MOM PART C-GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY. C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or costs arising from patents, trademarks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify, and save harmless, the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material C6-6 ( I or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. C6-6 1,2) The materials excavated and the construction materials, such as pipe, used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor in reference to public convenience and safety which may come to its attention, after twenty-four (24) hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT- OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights -of - way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in C6-6 (3) nmnInnnunnunnumounnon,o,11111111111111111mmolonlvolmummowWWWMMMIWR 1.1,1101V,, 11111,,, writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction puLposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way that does not interfere with the use of spaces that may be designated to be left free and unobstructed, or inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company regarding the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intention to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall, at his own expense, furnish, erect, and maintain such barricades, fences, lights and danger signals, and shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. C6-6 (4) PRWMIIMIIAM1111011111111.T.MiiiiIIIIIIIIIIIIIIIIIMINIIII HOPI!! II I II All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways", issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d, Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 870-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual, and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public C6-6 (5) Hy11,6,111 41,1741',`, 111,0,141, n1(11,1,11,, during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four (24) hours in advance of the use of any activity which might damage or endanger property along or adjacent to the work. Where the use of explosives is to be permitted on the project as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four (24) hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The city shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. Al]. vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights -of -way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such C6-616) 0111111,m, additional rights -of -way or work area shall be acquired for the benefit of the City. The City shall be notified in writing of the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor, and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights -of -way or easements of obstructions, which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing and all other types of structures or improvements, and to all water, sewer and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material or equipment. When and where any direct or indirect damage or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non -execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. C6-6 (7) 01011,1111. 111110,:' Al]. fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon 48-hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuilt or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees invitees. The doctrine of respondent superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6 (8) C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, Ly the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25° day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged rvi,171111, C6-6(9) damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as herein required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage, which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and from these temporary connections until such permanent connections are built and are in existing sewers and connections shall be kept sewage received times service. in service as the The and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. C6-6(10) ,1)1111,11V, City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrants and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall be preformed by the Contractor at his own expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution of non -execution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the causes herein. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. C6-6 (I I ) ,a11111'1,, 11,0:0!IV. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall comply with the provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly -owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6 ( 12) PART C-GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendence, work of a value of not less than fifty (50%) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements regarding character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent, or other designated representative. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a C7-7(I) I�wl loll, AMA 11,h1V/11,1, 11:(11M1 brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OR WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor when it is available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the C7-7 (2) summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in C1- 1.23 "WORKING DAY" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the Thursday preceding. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or C7-71131 014 11,11,10! Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub- contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the contractor has made a bona fide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. C7-7 (4) g1,1“,71, If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following C7-7(5) Op: 1,111rMr, schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT LIQUIDATED DAMAGES Less than $5,000 $35.00 $5,001 to 15,000 45.00 5,001 to 25,000 63.00 25,001 to 50,000 105.00 50,001 to 100,000 154.00 100,001 to 500,000 210.00 500,001 to 1,000,000 .315.00 1,000,001 to 2,000,000 420.00 2,000,001 and over 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be impossible or very difficult to accurately estimate, and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any Court, and will not be entitled to additional compensation by virtue of such Court Order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. C7-7(0 Wn, If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of, the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency so declared by the President of the United States, or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall, within seven days, notify the City in writing giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigation, the Owner finds that such conditions exist and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the C7-7 (7) ,41.1111. 091 Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. c. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract. Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g• Failure of the Contractor to promptly make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. C7-7 (X) 010 011(!lY1,.. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. If the Contractor shall, for any cause whatsoever, fail to carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. In case the Sureties do not, within the specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered the C7-7 (9) ,01,0111, OM' .o,M1111, pplk 111,1,411 PApph Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract, Documents and in a manner that does not hinder or interfere with performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be affected by C7-7110) mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract the extent specified in termination; 2. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the not5ice of termination; 4. Transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: on the date and to the notice of a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with of, the work terminated by termination; and b. the completed, or partially drawings, information and which, if the contract had would have been required to the Owner. the performance the notice of completed plans, other property been completed, be furnished to 5. Complete performance of such part of the work as shall not have been terminated by the notice of termination; and C7-7 (I I) AA MA ^WPM Y11,11M1,, MI 1,111,v19, 114,1!',11 01F13, 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the contractor and in which the Owner has or may acquire the rest. C. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. D. AMOUNTS: Subject to the provisions of Item C7-7.16 (C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7- 7.16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. C7-7 (12) F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension or Abandonment of the Work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations to protect person and property from injury, including death, or damage in connection with the work. C7-7(I3) A1,1,000, 0#0 11,7,111 PART C-GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT SECTION C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any CS-8 0) 11111,11,11i, unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. CB-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1st and 5th day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period, under the Contract Documents. Not later than the 10" day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater, within twenty- five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time C8-8(2) v.P0,111. or, IV111,1';11, 111:r 1111Vh.;1' of the estimate have not been installed. Such payment will be allowed on a basis of 85% of the net invoice value thereof. The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, who will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. C8-8 (3) All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sums that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8 (4) "11 11010;p, 1;1:1j11111 l't1.111,11p, C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one -tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. 71 1014' I 2- AVOI Ml � -� /= � � � � � SECT ION CI: SUPPLEMENTARY CONDITIONS TO PART C - GENFRAL CONDITIONS A. Ocm:rni These Supplementary Conditions amend or soppk:nocot the Gcncod Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not sounneodedorsupplemented rc/nuin In k/|| force and affiecL B. C8'0j 9AOT|/\L ESTIMATES AND RET&|NAOE: PxccC8-8 (2), should be deletedIn its entirety and replaced with the following: Partial pay estuinatesshall be Submitted hvthe Contractor nrprepared hvthe City oil the 5thday and 20thday o[each month that the work is 'in progress. The esti�rnate shall be proceeded by the City on the )Uth day and 25thduy respectively. Estimates will he paid witbiu25 days followingthe end n[the estimate period, less the uppnopriatcn:1nbm8e as set out below. Partial pay estimates may imcbude uccup\uhk; nonperishable materials delivered to the work place which are to be incorporated into the work as u permanent part thereof, but which at the time ofthepuycs\bnutehave not been so installed. /[such materials are included within u puyestknote` payment shall be based upon 85% o[the net voice vuku thereof. The Contractor will furnish the Engineer such bzfonnutioous may be rcuaonuh(y requested to aid in the verification or the pceparndouo[\hc pay estimate. For contracts of less than S400,000 at the tbnco[exeCutk)n, retainage shall be ten per cent (i8%). For contracts o[$4O0,0O0ormore ut the time ofexecution, nctamiugcshall befive peroent(5%). Contractor shall pay subcontractors in accord with the subcontract agreement vvhhio five (5) business days after receipt byContractor uf the payment by City. Contractor's b/ihun: to make the required pu}nncnts to subcontractors will authorize the City io withhold hburc payments frorn the Contractor until compliance with this paragraph is accomplished. [t is understood that the partial pay c«hmatcu will be approximate only, and all partial pay �n dcgbna es and payment of same will be subject to correction followingthe discovery of the mistake in any previous eotbnute. Partial payment by (}pvoer for the amount ofv/ork done or of its quality or xuffick:m:y or acceptance of the work done; uhuU not release the Contractor of any of its responsibilities under the Contract Qnconieots. The City n:onrveo the right to with -hold the pay-nen\ of any par-tiui estimate if the Contractor fails to perform the work in strict accordance with the specifications orother provisions of contract. provu / u . C. Part C - Gnocro\ Conditions: Paragraph C3'I1, | Of General Conditions is deleted and replaced with Q-3ofPart D' Special Conditions. D. C3-3.11 INSURANCE: Page CB (6): Delete subparagraph `g. LOCAL AGENT FOR. INSURANCE AND BONDING" Revised 10/24/02 Pg.l = E. C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6-6 (8), is deleted in its entirety and replaced with the following: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of or alleged to arise out of, the work and services to be perfonned hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any darnage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anv such injury or damage is caused in, whole or in part by the negligence or alleged negligence of Owner, its officers, servants or entployees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F. INCREASED OR DECREASED OUANTITIES: Part C - General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL Revised 10/24/02 Pg. 2 1.011,1: INSUR-ANCE RE()0REM[NTS" u. The City, its officers, employees and servants shall bcendorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance covet -age Under Contractor's workers' compensation b000zucrpoUcy. b. Certificates of bzsuconce shall he delivered to the City of Fort Worth, contract adndois(nator in the respective department as specified in the bid dooun000ts. 1000 Thzockou`rton Street, Fort Worth, T)( 76102, prior to oonmmcocen` nt of work on the contracted project. c. Any KuUurc on part nfthe City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy xhuU be endorsed to yvuvk1e the City u iniobnun) thirty dnvy notice of cancellation, non -renewal, and/or material change in policy terms nrcoverage. A ten days notice shall be acceptable inthe event of non-payment ofprern�ium. e. Insurers must he authorized to do business in the State of Texas and have u current A.M. Best rat�ng of A: VI I or equivalent measure of fi-nancial strength and solvency. [ Deductible tin-Lits, or self -funded retention |hnjx, on each policy nn/ot not exceed $10,000,00 per occurrence unless otherwise approved by the City. g. Other than worker's compoumodoninsuruncn, io Uou Of traditional insurunon' City may oouuidcrubccunive coverage or risk treatment nneanucce through ioour000r pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance covering employees employed onthe project nhuU be endorsed with u waiver of subrogation providingrkx6tm of recovery in fbvurofthe City. i City uhoU not be responsible for the direct payment o[kmuruocc pnrnniunn costs for contractor's insurance. i Contractor's insurance policies shall each bcendorsed <oprovide that Such insurance is primary protection and any oclf-1bmJcd or commercial coverage mab8oiried by City oho\ not be called upon to contribute to loss recovery. k. In the course n[the project, Contractor shall report, in \hnc|y manner, to Chy's officially designated contract administrator xny known loss occurrence which could 8ur rise to a liability claLini or lawsuit or which could result in a properly loss. \. Cmn ruc m/s |bbUkyuhuU not be |bodued to the specified amounts o[iuuurunce rcqumcdkocin. R-evised Pg.3 Ill, Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 8. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C0-0(\) ky deleted ui its entirety and replaced with the following: The Contractor obnU receive and accept the compensation as htreiu pcovidcd, in ftiU payment for furnishing all \ahoc, tools, materials, and incidentals for per(bnning all work contemplated and embraced tinder these [orkcoot Documents, for all loss and damage arising out of the nature of the work or fronn the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise ochc encountered during the prosecution of the work at any time hoD/re its final acceptance bxthe Owner, (except as provided inporagruph[5-5.|4) for all risks of whatever description conoected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of tile working operations as herein specified, or any and all biffio8emcntoo[ patents, rrudecnurkn, copyrights, or other legal reservations, and for completing the work in all acceptable manner according to the terms of the Contract Documents. The payment o[any current nrpartial estimate prior to the fi-'olacceptance orlhc work by the Owner nhuU in no vvuy constitute an acknowledgment of tho 000nptunoc of the work, motcou\n, or equipment, nor in any vvoy prejudice or uOtc, the obligations of the Contractor to m:poir, correct, rencw, or replace at his own and proper expense any defects or ionporfeohons in thc construction or in the strength or quality of the material used or equipment or machinery Ounnishcd in or about the construction of the work tinder contract and 'its oppurtenunoen, or any damage duo or attributed to such defects, which defects, imperhccbons, or damage shall have been discovered onor htR`rc thc Ozloi inspection and acceptance of the work or during the two (Z) year guaranty period after the Final acceptance. 'File Owner shall be the sole judge ofsuch dcfeo\s, imperfections, or dunnugc, and the Contractor ohuU he liable to the Owner for failure to correct tho sumo as provided i CQ'8.70GENERAL GUARANTY: Delete C8'8.|0. General Guaranty at pugeC8'8(4) is deleted in its entirely and replaced with the following: Neither the Final certificate nfpayment nor any provision iuthe Conti -act Documents, nor partial or entire occupancy uruse o[the premises bythe Owner shall constitute unacceptance ofwork not done in accordance with the Contract Documents or relieve dvr Contractor of liability in uspect to unycxprc,s wurmmicsor responsibility for [uu|ty materials o, ""orkmunxilip. The Contractor dmU remedy any defects or damages. in the work and pay for any damage Nother work mproperty resulting therefrom which shall appear within uperiod o[two (2)years fromthe date offinal occqnomcroftile work unless olonger period isspecified and shall furnish ogo�3dunduu8icicm maintenance bond in the amotint of 100 percent of the aniount of the contract which shall asstire tile performance othe general Lr�xomyuszbu*roodiu�J� Thc0v��rxiU �ivcxohc�o�ubmzvcd defects with reasonable promptness, Revised 10/24/02 Pu.4 MOM Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C - General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the ''Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must he made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration vill be given to the proposal K. (.3-3„7_,BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November E, I 987; (City let projects) make the following revisions: 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: Revised 10/24/02 Pg. 5 � In order for o surety to he acceptable to the City, the SVreh/ must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinaunerinthe state mfTexas and inthe holder Vfocertificate ofauthority from the Untied States secretary nfthe treasury hoqualify oSasurety onobligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. Pg. C3-3(5) Paragraph [3'3.1i INSURANCE delete subparagraph ^\s. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.l\ INSURANCE delete subparagraph ^^u. LOCAL AGENT FOR INSURANCE AND BONDING". L. K[G8T TO AUDIT: Part C'General Conditions, SezdonCO'0 MEASLIR-EMEN'FAND PAYMENT, Page C8-8 (5), add the following: C8'8.14 PLIGHTTOAUDIT: (a) Contractor agrees that the City shall, until the expiration o[tbren(]) years after final payment under this contract, have access toand the right hoexamine and photocopy any directly pertinent books, documents, papers and records o[the Contractor iovob/i transactions relating to this oon\rooL Contractor agrees that the City shall have access during normal vvorkiog hours to all necessary Contractor facilities and xbuU be provided adequate and appropriate work space i=n order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of �ntended audits. (h) Contractor further agrees to include in all its subcontracts hereunder provision to the effect that the subcontractor agrees that the City shall, until the cxpi=rotinno[three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records o[such subcontractor, involving transactions to the subcontract, and Ourthnr. that City shall have access during normal working hours tnall subcontractor facilities, and shall bn provided adequate and appropriate workspuc*, ioorder tnconduct audits incompliance with the provisions o[ihbarticle. City shall give subcontractor reasonable advance notice ofintended audits. (c) Contractor and subcontractor agree to photocopy Such documents as inay be requested by the City. The City agrees tu ninIburse the Contractor Oor the cost of copies as follows: Revised 10/24/02 |. 50copies and under |0cents per page Pa.6 4"1 1 ,:"I IN W� ;0! A; qn,r � #N1111 �;V � W� ,111.011, 1111111., 2, More than 50 copies - 85 cents for the first page plus fifteen cents For each page thereafter M. SITE PREPARATION: The Contractor shall clear rights -of -way or easements of obstniction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4), part C - General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N. Reference Part C - General Conditions, Section C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. in the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. O. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following; Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the comrnission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years. Revised 10/24/02 Pg. 7 WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1, L. Right to Audit (Rev. 9/30/02) pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Revised 10/24/02 Pg. 8 ON, PART D SPECIAL CONDITIONS grp PART D - SPECIAL CONDITIONS D-1 GENERAL: Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and Specifications, effective January 1, 1978, with the latest revisions, are made a part of the Contract Documents for this project. '[he Plans, Special Conditions and Special Provisions Documents, and the rules, regulations, requirements; instructions, drawings or details referred to by manufacturer's name, number or identification included therein as specifying, referring, or implying product control, perform ance, qual ity, or other shall be binding upon the Contractor. The spec i ficat ions and drawings shall he considered cooperative: therefore, work or material called for by one and not shown or mentioned in the other shall he accomplished or furnished in a faithful manner as though required by all. 'The order or precedence in case of conflicts or discrepancies between various parts ()Utile Contract Docurnents subject to the ruling of the Owner shall generally, but not necessarily, follow the guidelines listed below: I. Plans 2. Special Contract Documents and Specifications 3. General Contract Documents and Specifications The following Special Conditions shall be applicable to this project and shall govern over any conflicts with the General Docurnents under the provisions stated above. D-2 PROJECT DESIGNATION: Work under these Special Documents shall be performed under the following Fort Worth Water Department Project Designation: INTERCEPTOR CONDITION ASSESSMENT PROGRAM Contract I: Large Diameter Sanitary Sewer CCTV, Sonar, and Laser Inspection Project No,: ICAP09-1 D-3 MINORITY AND WOMEN BUSINESS (M/WBE) ENTERPRISE COMPLIANCE: An M/WBE goal of XX percent has been established for this project and all M/WRE requirementsare applicable. Please refer to Part C I Supplementary Conditions to Part C, Section B, Item D MINORITY AND WOMAN 11USINESS (M/WBE) ENTERPRISE COMPLIANCE for a detailed description of the M/WBE requirements. D-4 PRE -PROJECT CONFERENCE AND SUBMITTALS: Belbre the project notice to proceed is issued, a pre -project conference shall be held with representatives of the City Water Department and the successful Contractor. Contractor shall submit a Spi II Prevent ion Plan, a Safety Plan, an equipment list and a list of personnel and contact names, their phone numbers and email address. D-5 DETERMINATION AND INITIATION OF WORK: The Owner, or his representative, Shall determine and designate to the Contractor the location of the sewer lines requiring inspection by issuing a Work Order, The OWIler shall notify the Contractor that a Work Order is ready and fax the Contractor a copy of the Work Order notification with maps. The Contractor is to provide his fax number to the Owner at the Pre -Construction Conference. Single or multiple work orders may he issued at one time, Ihe Owner reserves the right to issue Work Orders utilizing one or any combination of the various bid items contained within the contract. The Contractor shall initiate work within se en (7) working days of the date the Work Order is faxed to the Contractor, and continue work on the Work Order until it has been completed. The Contractor shall furnish and supply sufficient equipment and personnel to complete the Work Order in thomount of time provided fbr inthe Work Order. Should the Contractor fail to start any Work Order within the time specified, he shall add the necessary Fort Worth Water Department Part I) , Special Conditions Page 1 of I I 7121(2009 work crews and equipment to prosecute the work to complete the Work Order or Work Orders in the time provided thereof. D-6 WORK ORDER COMPLETION TIME: Reference Part C. General Conditions, Section C7-7 Prosecution and Progress, paragraph C7-7. I 0 Time 0R:0mph:I ion, the First two subparagraphs shall not apply and shall be superseded by the following: The time of completion ofeach individual Work Order is an essential element of this contract. Each Work Order issued will have a maximum number of calendar days allowed for the completion of that specific Work Order. The number of calendar days specified will be calculated as follows: The total estimated cost for the specific Work Order divided by 8,600 (rounded up) + 30 days Number ofCalendar Days allowed for completion of the Work Order. If a new Work Order is issued before the expiration of Calendar Days of the previous Work Order, the number of Calendar Days for the new Work Order will be added to the calculated complet ion date °Utile previous Work Order. Failure by the Contractor to complete the individual Work Order within the specified time allowed will be interpreted as liquidated damages suffered by the Owner. For each calendar day that any Work Order shall remain uncompleted after the time specified in the Work Order, or the increased time granted by the Owner, or as automat ically increased by additional work or materials ordered after the Work Order is issued, the sum per day, per Work Order, as outlined in these hedule under Part C. Section C7-7 Prosecution and Progress paragraph C7-7.10 Time of Completion, will be deducted from monies du the Contractor. D-7 BID QUANTITIES; Bid quantities of the various items in the Proposal are for bid comparison only and may not reflect the actual quantities (See General Conditions C2-2.2 and C4-4.3). Moreover, there is to be no limit on the variations between the estimated quantities shown and the actual quantities pertbrmed. D-8 ,LIQUIDATED DAMAGES: The Contractor shall pay liquidated damages of twenty-five dollars ($25.00) per day per Work Order, for failure to begin a Work Order within seven (7) working days of the date the Work Order is faxed to the Contractor. Failure to complete the project within the stipulated construction time on the Work Order will result in liquidated damages being deducted from monies due the Contractor. Liquidated damages will be in the amount stipulated in these contract documents, under D-6, and as outlined in Section C7-7.10 Time of Completion of the general contract documents. D-9 AIR POLLUTION WATCH DAYS: 'Fhe Contractor shall he required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS-. Typically, the OZONE SEASON, within the Metroplex area, runs from May 1. through OCTOBER 31, wit16:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME To I3AKE IN TILE HOT ATMOSPHERE THAT LEADS -10 EARLY AFTERNOON OZONE FORMA CION. l'he Texas Comm ission on EnvironmentalQuality (ICEQ), in coordination with the National Weather Sery ice. rill issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WNW H day. On designated Air Pollution Watch Days, the Contractor shall hear the responsibility of being aware that such day s have been designated Air Pollution Watch Day s and as such shall not begin work until I 0:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of I hour. I lowev er, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour. or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel U LSD). diesel em ulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous \Nor'!: for a period °fat least seven hours hely\ cen the hours of 7:00 a.m. - 6:00 pin_ on a designated Air Pollution Watch Day. that day will he considered as a weather day and added onto the allowable weather days of a given month. hurl Worth Water Department Part 0 SPCCiai COIldit ions Page 2 of 1 1 7/2 /2009 D-10 „JOB MOVE -IN: A Work Order may contain one or more deployment locations. One -MOVE IN" fee will be paid to the contractor per Work Order issued regardless of the number of deployment locations included. D-11 EMERGENCY JOB IVIOVE-IN: The Owner shall determine when an emergency situation shall exist. When emergency work is required, the Contractor shall mobilize to the said location within twenty-tbur (24) hours after being given notification from the inspector and/or Project Manager. The Contractor shall make all necessary arrangements for setting up barricades, notifying citizens, etc. After the emergency work has been completed, there will be no additional Job Move-1n charges paid to remobilize back to the previous project location. An Emergency Work Order may contain one or more deployment locations. One -EMERGENCY MOVE IN- fee will be paid to the contractor per Emergency Work Order issued, regardless o f the number oldeployment locations included. D-12 LIFE OF CONTRACT: It is content platedthat Work Orders will be issued to the Contractor tbr work to be .performed under this Contract for not to exceed 365 calendar days following the date of the Notice to Proceed or expenditure of $1,334,000 whichever should occur first. The Contractor shall be required to complete any work covered by a Work Order issued prior to that date of termination but will not be required to accept any Work Order for execution dated afterthat date of termination. If the cost of the work performed under this Contract is less than $1,334,000 at the end of the 365 calendar day period, at the City's option and the Contractor's concurrence, the Project may be extended to the$ t ,334,000 maximum price. D-13 OPTION TO RENEW: The City has the right to renew this contract for THREE (3) one year terms/expenditures under the same terms, conditions, and unit prices. The City shall give the Contractor at least sixty (60) days notice prior to the expiration of one year from the date of the Notice to Proceed if it chooses to execute the option to renew. D-14 INDEMNIFICATION: CONTRACTOR covenants and agrees to, and does hereby, indemnify and hold harmless and defend the CITY, its officers, agents, and employees, from and against any and all suits or claims for damages or injuries, including death, to any and all persons or property, resulting from any negligent act of omission or commission on the part of CONTRACTOR, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and CONTRACTOR does hereby assume all liability and responsibility for injuries, claims or suits for damages, to persons or property, of whatsoever kind of character, whether real or asserted, occurring during or arising out of the performanceof this Agreement, as a result of any negligent act of omission or commission on the part of CONTRACTOR, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that CONTRACTOR's liability shall be limited to that established in Article 6252- 19, Texas Revised Civil Slalules, and other applicable state statutes and constitutional provisions. 0-15 TERMINATION OF CONTRACT: If the Contractor shallbe adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or ifa receiver should be appointed on account of his insolvency. or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided. to supply enough properly skilled workmen, equipment or proper materials, or if he should fail to make prompt payment to Subcontractor or for material or labor, or persistently disregard laws. ordinances or the instructionsof the Owner, or otherwise be guilty of a substantial violation of any provision of the Contract then the Owner upon the certificate of the Owner that sufficient cause exexists tO j1.1Stily Such action may without prejudice to any other right or remedy and after giving the Contractor seven (7) days written notice terminate the employment of the Contractor and take possession of the premises and °fa II materials, tools, and appliance thereon and finish the work by whatever method the Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any/ further payment until the work is finished. lithe unpaid ha lance of the Contract Price shall exceed the expense of finishing the 'Work, including compensation for additional managerial and administrative service, such excess shall he paid to the Contractor. I fsuch expense shall exceed such unpaid balance the Contractor shall pay the Fort Worth Water Department Part D Special Conditions Page 3 of 1 1 7/21/2009 difference to the Owner as herein provided and the damage incurred through the Contractors fault shall be certified by the Owner. In the event of termination of Contract before completion of the work due to abandonment of the project or discontinuance thereof, the Contrackx Will be paid in proportion to the work completed and in progress as per scope of work described in the Contract Documents and in accordance with the unit price schedule. D-16 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW. I. Worker's Compensatiot Insurance Coverage a. Definitions: Certi tication of coverage ("cert ficate").A copy °fa certificate of insurance, a certificate of authority to sell -insured issued by the commission, or a coverage agreement (TWCC-8 1, *MCC-82, TWCC-83, or Twcc-84), showing statutory Nvorkers' compensation insurance coverage for the person's or entities' employees providing services on a project for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the Contractor's/person'swork on the project has been completed and accepted by the govertunental entity. Persons providing sery ices on the project ("Subcontractor" in 406.096) includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regard less of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity that furnishes persons to provide sery ices on the project. "Services" include, without limitation. providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage based on proper reporting of classification codes and payroll amounts and tiling of any coverage agreements, which meets the statutory requirements of Texas LaborCode, Section 401.01 J (44) for all employees orate Contractor providing services on the project, for the duration or the project. c. The Contractor must pro v ide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certiticate of coverage ends during the duration of the project. the Contractor must prior to the end of the coverage period, tile a new certiticate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person prov iding services on a project. and pro v ide 10 the go% ernmental entity: 1) a cert iticateofcos erage. prior to that person beginning work on the project. so the governmental entity will have on tile certificates of coverage show ing coverage for all persons providing services on the project, and no later than seven day s after receipt by the Contractor. a new certificate of co‘ eragshowing extension of coverage, if the coverage period shown on the current certiticate of coverage ends Fort Worth Water Department port Special Contliiions Page 4 of 11 7'21/2009 g during the duration of the project. The Contractor shall retain all required certificates olcoverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery within ten (10) days after the Contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice in the text, form and manner prescribed by the Texas Worker's Compensation Comm ission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verily coverage and report lack of coverage. i. The Contractor shall contractual ly require each person with whom it contracts to provide services on a project to: J. 1) Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements which meets the statutory requirements ofTexas Labor Code, Section 401.0 I (44) for all of its employees providing services on the project, for the duration of the project: Provide to the Contractor prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project for the duration of the project. 3) Provide the Contractor, prior to the end of the coverage, a new certificate of coverage showing extension of coverage if the coverage period shown on the current certificate of coverage ends during the duration °Idle project: 4) Obtain from each other person with whom it contracts, and provide to the Contractor: a. a certificate ofcoverage, prior to the other person beginning work on the project and; b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project: 5) Retain all required cert ficates of coverage on file for the duration of the project and for one year thereafter: 6) Notify the governmental entity in writing by certified mail or personal delivery, within Ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage or any person providing services on the project; and 7) Contractually require each person with whom it contracts, to perform as required by paragraphs ( 1 ) - (7) with the certificates or coverage to be provided to the person for whom they are providing services, 13y signing this contract or providing or causing, to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who VIII provide services on the project will be covered by worker's' compensation coverage for the duration of the Fort Worth Water Department Part 1) Special Conditions Page 5 of 11 7/21/2009 project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage -insured, with the comm ission's Div ision of Sel f-insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of mice of breach from the governmental entity. 2. The Contractor shall post a notice on each project site in fOrm ing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Workers Compensation Commission rules. This notice must be printed with a title at least 30 point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing sery ices related to this project must be covered by workers' com pensation insurance. This includes person providing, hauling, or delivering equipment or materials or providing labor or transportation or other service related to the project, regardless ofthe identity of their employer or status as an employee. Call the Texas Workers' Compensation Commission at 1-512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. D-17 WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutorequirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any Subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the follow ing rates of wages b paid: 014 Opt Fort NVortli Watcr f)Qpartmi:.111 Part 1) S pcua1 Condith Page 6 of 11 7/21(2009 City of Fort Worth Highway (Heavy) Construction Prevailing Wage Rates For 2008 Classifications lAir Tool Operator A halt Raker ,Asphalt Shoyeaer. Asphalt Castritutor Goierator Asphalt Paving Maclaine Operator Satoh ,ng Part Wegner Eroom or3-weeper Opeaator E'LlIdczer 0oe•a1or Carpenter!RoJgh) Concrete Finisher- '1Ftaying Concrete Fan/shear -Stn.aotures Concrete RavangCrtijrgMch. Ooe• ricrete Ravng Finishing Mach. Opera Concrete Pax, ng Jc nt S, e 3Ier Oper, I_Concrele Ravlig Saw Ope. Coancrete Raaiing ,Spreader Oper. (Concrete Ater ... Crane. Backhoe, Cerracii, Craglane. Shovel 1 Electracian I Fa3gger Form F3Jilder7 IForm Setter: Pavilg 5. Carbs 111006.ndaton Dr I Operator, Crawler laloc.nted [Foi-nciaton Dna Operator, 7ra.ol. Moarted I F•ont End Loader 'Laborer- Common La3b0fer- .techanic Milting Machine Operator, t"'fle Grade Mixer Cperator aVotor Grader Operator iiFane Grade) ,Votor Grader Operator Rollryla Oe- l'airter. Stra.ctares I Daveraent Markang Mane Oper 1Pipe Layer 'Roller. Steel 'Sheet Paant- Mia Rave —tents RoPer, Steel Wheel Cther Flataarteel o• Tamoirap Roder, Pr e...matic $elf -pre led Scraper , . ccirg Steel 'Serer i Ra Virg) erfcdng Steel Setter (Structure, Hourly Rates': 513 01 313 38 E0 513,93 512 79 54 15 1; 29 $13 22 512E3 512 85 $1327 1,72 CO 313 e3 512 f23 103 e$ 314 3 515 e1 $14 12 518,12 38,43 j1 e3 $11 E.3 st3e7 513 3i3 512 C.2 ID 18 vats 3115.7 511 e3 $11 e.9 515.23 514 e3 313 17 $13 Cal 511 04 ?I Z9 51.3 51107 514 ae 519 Classifications Hrly Rt raper Operator 511.42 IServicer 512.32 1.311p Form Maohre Operator 512,3.1. preacer Sox Operator5 Tractor ciperator, Crayier Type 312.50 Tractor ope•ator, Fnei,mat/c S12.91 Traye ling Mixer Operator 512.03 Track Driver- Sirgle Ale (l_gait) 510,91 Track Driver- Sirale Axle ',a-lia-a!rya 5a1„47 'Track Driver- Tar-dem Axle Semi -Jolter $11,75 11Trick Driver- _rawboy(Float t4.;43 'Track Digger- 'tarsit Mix 512.38 7.%i.vor-, Dr II, Borrag Mad- ne, Fs HcI Driller 'Welder Work Zore arc.3cle Servicer Source is At3C o Te.as Hwy Hfy L.tilates ndt-strial Brancat0 taralaW,3CCeSS gocgovadavisoacona g+4,Ge 513,57 5'C,09 D-18 WEEKEND,. HOLIDAY AND NICHT WORK: Requests to work on Weekends, Flolidays, or Night work must be submitted to and approved by the Owner forty-eight (48) hours before the work is to be conducted. Night work; (between the hours of 7:00 p.m. and 7:00 a.m.) shall only he authorized by the Owner when flow conditions and/or traffic conditions inhibit the normal work of the Contractor during daytime hours. [he Contractor shall be notified of the decision to allow weekend, holiday or night work W ithin 24 hours of the receipt of the request. D-19 1)E1_,AYS: The Contractor shall receive no compensation for delays or hindrances to the work, except .vhen direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material,i,lany, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Owner, and if by him found correct, shall he approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. I Fdelay is caused by specific orders given by the Owner to stop work, or by the performance of extra Fran 11ionh Water Department Part D - Speeial Page 7 of I 1 7/21/2009 work, or by the failure of the City to prov ide material or necessary instructions tbr carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval (Attie City Council and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligat ions hereunder which shall remain in full force until the discharge of the contract. D-20 EXAMINATION OF SITE: It shall be the responsibi ityof the prospective bidder to visit the Work Order sites and make such exam Mations and visual inspections as may be necessary to determine all conditions which may affect the coin pletion of the Work Order. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing im provements and disposition of ail materials to be removed. D-21 ACCESS TO THE WOW It is anticipated some of the sanitary sewer line segments scheduled for inspection are located on private property. Access to these manholes is generally provided by existing easements and/or right-of-ways; however, the legal access may be covered with private improvements such as fences, landscaping, outbuildings, etc. In such cases the Contractor shall work with the 'Property Owner to find alternative methods of access and obtain a signed agreement that outlines the method. Provisions of all agreements for replacement of removed or damages private property relative to the alternate access method shall be the responsibility of the Contractor. D-22 SITE RESTORATION AND DAMAGE TO PRIVATE PROPERTY: The Contractor shall be responsible for restoring the site to original or better conditions after com pletion of his operations subject to approval ofthe Owner. Replacement shall be in kind or better. At the Contractor's discretion, digital photos may be taken of existing conditions for documentation. The burden of proof as to pre -project site conditions is the sole responsibility ofthe Contractor. The Contractor sha I I immediately repair or replace any damage to private property, including but not limited to fences, walls, paveinent and water and sewer services, at no cost to the Owner. All costs for site restoration, repair or replacement to private property and documentation shall be considered subsidiary to the project contract price and no additional payment will be allowed. D-23 EXISTING UTILITIES: The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed or exposed by his operations. Contractor shall make all necessary provisions for the support, protection, relocation, and or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and any other util it ies and structures both above and below ground during operations. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all costs incurred for the protection and/or temporary relocation of such facilities shall be subsidiary to the contract amount. NO ADDITIONAL COMPENSATION WILL BE .ALLOWED. Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities or service lines vith the same type of original material and construction or better unless otherwise shown or noted on the plans, at his own cost and expense. The Contractorshall immediatelynotify the Owner of the damaged utility or service line. He shall cooperate with the Owners of al I utilities to locate existing underground facilities and notify the ner at once of any conflicts in grades and alignments. In ease it is necessary to change or move the property of any Owner of a public utility. such property shall not be moved or interfered w ith until ordered to do so by the Owner. 'Hie right is reserred to the Ow ner of public utilities to enter upon the limits of the project fur the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. D-24 PROJECT ACTIVITIES QVE PIPE LIN VS: It is apparent that certain project Vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions. It will be the responsibility of the Contractor to ont Fort Wurth Water tkpartment Part - Special Conditions Page 8 of 11 7/21/2009 protect the existing lines from these possible excessive loads. Anv damage to the existing pipe vill be repaired or replaced by the Contractor, at the Contractor's expense, to the satisfaction of the City. D-25 SAFETY STANDARDS AND ACCIDENT .PREVENTION: With respect to all work performed under this Contract the Contractor shall: 1. Comply with the safety standards provisions of applicable laws, building and construction codes and the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596 and subsequent amendments), and the requirements of Title 29 of the Code of Federal Regulations, Section1910 or 1926 as applicable. Exercise every, precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. "Fhe attention of the Contractor is directed to the Requirements (including permitting and recording) of the Confined Space Entry regulations that are under OSI D-26 CONFINED SPACE ENTRY PROGRAM: 'Me Contractor shall produce a written document explaining the confined space entry program to be implemented on this project. At a m inimum, the submitted program shall he in compliance with all applicable OIISA requirements regulating confined space entry. D-27 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." Equipment that may be operated within ten feet of high voltage lines shall have insulating cage -type of guard about the boom or arm, except hack hoes or dippers, and insulator links on the lift hook connections. When necessary to work within six feet of high voltage electric lines, notification shall be given the Power Company (TXU Gas and Electric lit ilities/ONCOR) who will erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines. 1'he work done by the Power Company' shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to the Power Company, and shall record action taken in each case. 4. The Contractor is required to make arrangementswith the TXIJ Gas and Electric Utilities/ONCORCompany for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D-28 TRAFFIC CONTROL: The Contractor shall he responsible for providing traffic control during the execution of this project consistent with the provisions set forth in the "Latest Edition Teas Manual on Uniform Traffic Control Devices or Streets and I lighways" issued undethe authority of the "State of Texas Uniform Act Regulating Traffic on Ili ghw ays," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31 and also in accordance ‘vith the following additional requirements: Fort Worth Water Department Pan D Special Condilions Page 9 of 11 7/21/2009 I. The Contractor's attention is directed to Part C, General Conditions, Section C6-6 LEGAL RELATIONS AND PUBLIC RFSPONSIBILT y, paragraph C6-6.8 PARRACADES, WARNINGS ANDNATCHMEN, which requires that the Contractor shall furnish barricades, flares, etc., for the protection of the public and the work. 2. The cost of the traffic control shall be included in the price bid for other items as bid in the Proposal, and no other compensation will be allowed, 3. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic. 4. Work shall not be performed on certain locations/streetsduring "'peak traffic periods" as determined by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." When work acti v ities are located kor near high traffic areas or when spec ifically d irected by the City, the contractor will be required to obtain a "Street Use Permit" prior to starting ‘vork. As part of the "Street Use Permit" a traffic control plan is required. When work activities are located in or near a state right-of-way, the Contractor shall comply with all applicable Texas Department of Transportation regulations. D-29 PROTECTION OF TREES, PLJANTS, AND SOILS,: All property along and adjacent to the Contractors'operat ions including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming. removal. or root pruning) can be done on trees or shrubs growing on public property including street rights -of -way and designated alleys. This permit can be obtained by calling the Forestry Office at 87 I -5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be obtained by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City or Fort Worth and may be withheld from funds due the Contractor by the City. D-30 TREE PRUNING: A. REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees". 13. ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C. NATURAL, RESOURCES PROTECl'lON FENCE 1. Steel - Bar stakes, 6 feet long. 2. Smooth 1 lorst.,:-W ire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 3. Surveyor's Plastic Flagging: -Tundra" weight. International fluorescent orange or red color. 4, Combination Fence: Commercially manufactured combination soil separator fabric on vire mesh backing as shown On the DraWi D. ROOT PRUNING mow Fort Worth Water 1)epartment Part t) SpcciiI Ciiidtiiis Page 1 0 of 1 1 7/21 /2009 � � � � � eft � k 1. Survey and stake location of root pruning trenches as directed by thlif.)nouc 2. Usiog ( lie approved specifiedequipment,makea cut a ill inimuniot'36 inchesdecip ill order to m1niinize damage hn(lie undisturbed root zone. 3. 8arkhU and compactflhr trench imonedink:|v after trenching. 4. Muccu]-kxoiwidchv4-incbdccpcuvcroymu|ohovcriho\rcnchosr*qoircdbv\hd}wncr. .5. Within 24 hours, prime flush with ground and backfil I any exposed roots due to construction activity. Cover with wood chips nfmulch in order toequalize soil tvmpernmn: and minimize water loss due to evaporation, O. Lhn(iooy0nu]ingwo,kwithincnnncrvadonon:asto]'inchmaximumuuinr0Lwi\hnornotxuvc,|- inch diameter being cut unless cot by hand or cut by spccificdnndv»ds, equipment and protection. E. �vID[CUly4G: Apply 2-inches to 4-inches o(v/ood chips from trimming or clearing operation on areas designated by, theO%N,-ticr. F T,cc Pruning shall be considered subsidiary to the project contract price. D-31 3R0EREMOVAQ.: Trees to be renloved sha I I be removed using applicable methods, me lud ing stunip and root ball removal, loading, hauling and dumping. Extrucuudon xhuU be taken tunot disrupt existing utilities both overhead and buried. The Cootrnctorsho|limmediately repair nrreplace any damage toutilities and private property including, but not limited to, woturun6sewer services, pavement, fences, walls, npriok|oruystomopiping, c1c,atno � cmtnthc(Jwnor. /\Ucoscno�oK�nc wcncu�vo|,in|uding�xnporuryaervicocmoix.shNnN� iary to the Work Order price and noadditional payment will beallowed. D-32 MANHOLE EXPOSURE: When itisnecen«nryunexpose manholes inunpaved areas orunder asphalt pavement, the Contractor shall expose the manholes in order to have access for the sewer inspection. %4unho1c exposure less thanone( 1) inch deep ill asplia It pavement or less than twelve( 12) inc lies deep in unpavedareassha I I be considered subsidiary tnthe uni\pdccbid for inspecting various diameter sanitary sewer mains oil this project and the Contractor shall notity the Owner of any manholes thus exposed. For munholesmxmcehng\he above criteria, the Contractor shuUimmediately conWct KiritPatel by faxat theCity of Fort Worth Field Operations Division at (817) 392-8382 and David Cooper at the Fort Worth Water Department Engineering Div iniooat(8|?)]02'0|q5with the following information: manhole number, lateral number, station and/or address, and action required. The City xhuN uxyonc all manholes not conforming to the criteria outlined above. D-33 PLACING WORK IN SERVICE: SinccoUwork involved iswith existing facilities, service o[xuni sewers shall be maintained at all times. loo PART E TECHNICAL SPECIFICATIONS MO* 11'11111,J, ,h,!1111Y1, mI Item 100 Summary of Work Interceptor Condition Assessment Program Contract 1: Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection Project No.: ICAP09-1 PART 1 GENERAL 1.01 SCOPE A. The Contractor shall complete the work as specified in the plans and specifications. B. The work is located throughout the City of Fort Worth, Texas. Specific sanitary sewer line inspection location(s) will be defined in the Work Order(s) provided to the Contractor. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A. The work covered by these Contract Documents consists of the CCTV, Sonar, and Laser inspection of various large diameter sanitary sewer mains within the Fort Worth Water Department's sanitary sewer collection system. B. In the Contract Documents the words "furnish", "install", and "construct" shall mean for the contractors to furnish all labor, tools, material, and miscellaneous items necessary to complete the work as specified and in the locations detailed in the work order. C. The scope of work to be completed is defined by the work orders and these specifications. Any part, appurtenance, or miscellaneous item of work which is reasonably implied or normally required to make the inspection satisfactorily and complete, even if not specifically required by the specifications, shall be provided by the Contractor at no additional cost. In general terms, the work consists of furnishing all labor, materials, equipment, tools, and related items as required to complete the CCTV, Sonar, and Laser inspections. D. Comply with applicable building codes and environmental requirements 1. Comply with city, state, and national codes as a minimum or the requirements of these documents if more stringent than codes. 2. Comply with city, state, and national environmental requirements. E. The work to be provided under this Contract is not necessarily limited to the foregoing descriptions. Accordingly, the Contractor shall thoroughly study the Contract Documents to fully understand the extent of the work. Fort Worth Water Department Part E — Technical Specifications Item 100 - Summary of Work Page 1 of 2 7/21/2009 1.03 DESCRIPTION OF BID ITEMS The following descriptions are intended to clarify the nature of the work required for this project. Each bid item includes all labor, materials, equipment, and incidentals necessary to complete the item. Bid Item 1 — Job Move -In: Contractor shall be compensated for one Job Move -In for each Work Order submitted by the Owner to the Contractor. Job Move in price shall include all materials, equipment, and labor necessary to initiate the work defined within the Work Order within seven days from receipt (See Part D, Special Conditions, Paragraph D-10). Bid Item 2 — Emergency Job Move -In: Contractor shall be compensated for one Emergency Job Move -In for each emergency work order submitted by the Owner to the Contractor. Emergency Job Move -In price shall include all materials, equipment, and labor necessary to begin the work defined within the emergency Work Order within twenty-four hours from receipt (See Part D, Special Conditions, Paragraph D-11). Bid Item 3-7 — Sewer Line CCTV, Sonar, and Laser Inspection — Various Diameters: Work shall include all labor, materials, and equipment necessary to perform a pre and/or post cleaning inspection of the sanitary sewer main. Contractor shall include within his unit price bid all costs for data storage, data transmission, data analysis and deliverables. Inspection data shall be utilized by Owner for a detailed condition assessment of the pipe, determination of cleaning quantities and/or as a verification of the effectiveness of the cleaning process. Bid Items 8-13 — Sonar Pipeline Inspection — Various Diameters: Work shall include all labor, materials, and equipment necessary to perform a pre and/or post cleaning sonar inspection of siphons. Contractor shall include within his unit price bid all costs for data storage, data transmission, data analysis and deliverables. Sonar data shall be utilized by Owner for a detailed condition assessment of the pipe, determination of cleaning quantities and/or as a verification of the effectiveness of the cleaning process. Bid Item 14 — Locating Manhole with Signal Transmittine Device: Work shall include the labor, materials, and equipment necessary to locate manholes using Sonde signal transmitter and hand held receiver. Bid price shall be measured and paid per manhole located. ,u1,11,11!, KAM MY% Fort Worth Water Department Part E— Technical Specifications Item 100 - Summary of Work Page 2 of 2 7/21/2009 o'1111R, on, Item 200 Inspection Interceptor Condition Assessment Program Contract 1: Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection Project No.: ICAP09-1 Part 1 — General The work covered by these specifications consist of furnishing all equipment, materials, labor, supervision and incidental items necessary to perform a detailed pipe condition assessment utilizing closed-circuit television inspection, sonar inspection and laser inspection of the sanitary sewer collection system. Selected equipment shall be capable of inspecting spans of sewer lines up to 1,500 linear feet or greater. The inspection is intended to identify operational or structural issues that require attention. Work for each sewer segment identified for inspection shall include all three inspection technologies unless otherwise instructed by the Owner. CCTV Inspection: as a component of pipe] ine condition assessment, provides visual identification of defects above the water line in partial flow pipelines. Digital images generated by the CCTV inspection can be imported into the City of Fort Worth CCTV Inspection application for later viewing and analysis. This ensures digital images are easily shared, viewed, stored and retrieved for comparative analyses, historic& reference, and subsequent prediction of future pipe condition. CCTV inspection may be conducted simultaneously with other inspection technologies described herein. Each inspection record and recording shall be limited to a single sewer segment. Combining multiple sewer segment inspections in one recording shall not be permitted. Sonar Inspection: as a component of pipeline condition assessment, provides accurate deteimination of conditions below the fluid level in partially or fully charged pipelines. A thorough understanding of pipe eccentricity and corrosion is gained by examining sonar cross sectional dwell images. Each dwell scan includes multiple sonar scans at a particular location. The information from the multiple scans is combined to create a more complete picture of the pipe condition. Each dwell scan can be viewed as an image. In the form of an image, bright colors represent strong returns. in fully charged pipes eccentricity, collapse percent, and corrosion can be accurately measured using dwell scans. In partially charged pipes it is possible to measure these pipe metrics for certain charge levels; however, as charge levels decrease, less information becomes available. Sonar inspection may be conducted simultaneously with other inspection technologies described herein. Each inspection record and recording shall be limited to a single sewer segment. Combining multiple sewer segment inspections in one recording shall not be permitted. Fort Worth Water Department Part E — Technical Specifications Item 200 — Inspection Page 1 of 77/21/2009 Laser Inspection: as a component of pipeline condition assessment, allows for accurate determination of pipe wall conditions above the fluid level. Corrosionibuildup graphs will be used in conjunction with the integrated and detailed views generated to precisely quantify internal pipe wall material loss or gain at a given location and clocking angle. Pipe cross -sections obtained from precision high resolution scans will be used to provide quantitative information of pipe inside diameter, including ovality and eccentricity. Laser inspection may be conducted simultaneously with other inspection technologies described herein. Each inspection record and recording shall be limited to a single sewer segment. Combining multiple sewer segment inspections in one recording shall not be permitted. Part 2 — Equipment 2.1 Television Inspection Equipment The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera lens shall have not less than a 65-degree viewing angle and shall have either automatic or remote focus and iris controls. The camera shall be capable of spanning 360 degrees in the vertical axis and 270 degrees on the horizontal axis. The camera shall have pan and tilt capabilities to allow up close and right-angled inspections of defects and other significant observations. The camera, television monitor, and other components of the video system shall be capable of producing picture quality in color to the satisfaction of the OWNER's Representative and if unsatisfactory, no payment shall be made. The camera shall move through the line by means of a transporter or floating platform designed for use with pan and tilt cameras as described above. The use of skid mounted cameras will not be allowed. 2.2 Sonar Inspection Equipment Sonar equipment must be specifically adapted for use in sanitary sewer systems using high frequency sound waves to locate and map irregularities within the pipe environment, creating continuous sonar images recorded in "real time" mode. Sonar equipment must utilize digital, multi -frequency profiling sonar to model the pipe under submerged and partially submerged conditions. Using a rotating transducer, the sonar unit shall transmit an acoustic signal toward the pipe walls in a radial fashion to provide a full 360 degree profile, 2.3 Laser Inspection Equipment Laser equipment must be specifically adapted for use in sanitary sewer systems using overlapping high resolution dwell scans taken by stopping approximately every 2 meters for a minimum of thirty seconds throughout the inspection. The laser shall support 75 Hz scan rates or higher and be Class 1, eye -safe. Reporting accuracy shall be 0.39 inches at six -feet in pipelines 48-inches and larger. ull'1111 Fort Worth Water Department Part E — Technical Specifications Item 200 — Inspection Page 2 of 77/21/2009 1.1)1,1UIP. 1111,0,u, Part 3 — Execution 3.1 Television Inspection A. General The CONTRACTOR shall warrant to the OWNER any and all claims from infringement of patents and shall save harmless the OWNER and his Representative from loss on account thereof. Pipes shall be visually inspected by means of a closed circuit color television camera. The purpose of the television inspection work shall be to document the operational and structural condition of the sewer mains, including pipe cleanliness and/or the need for cleaning, and location of service lateral connections. The work shall include all material, labor, equipment, supplies and supervision required to perform CCTV inspection of the pipelines detailed in the work order(s), including preparation of all digital recordings and written reports required under Part 3.1, Section C below. B. Television Inspection Procedures Television inspection shall be performed and reports shall be prepared in accordance with the City of Fort Worth Water Department CCTV Inspection and Defect Coding Program. The CONTRACTOR shall utilize the version of WinCan© software being utilized by Field Operations Division at the time the Contract is awarded, current version of the referenced inspection and coding program, and applicable custom files, templates and overlays. Pictures and videos shall be in the same file format utilized by the City of Fort Worth Water Department CCTV Inspection program. It shall be the Contractor's responsibility to verify that he(she) is using the correct versions of the software and procedure manuals required by these Technical Specifications. The camera shall be moved through the line segment from the upstream manhole at a moderate rate, stopping when necessary to permit proper audio and written documentation of cleanliness of the pipe, any visible operation and structural defects and location of service lateral connections. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, powered rewinds, or other devices that do not obstruct the camera view and do not interfere with proper documentation of the sewer conditions shall be used to move the camera through the sewer line. If an obstruction is encountered that prevents completion of the segment from the upstream manhole, the survey shall be restarted at the downstream manhole and continued back towards the blockage or obstruction to ensure maximum data collection of the pipeline segment. Work required to perform a "reverse setup" will be considered incidental to the contract and no additional compensation will be allowed. C. Television Inspection Documentation a) TELEVISION INSPECTION LOGS: Location records of the sewer mains inspected shall be Fort Worth Water Department Part E — Technical Specifications Item 200 — Inspection Page 3 of 77/21/2009 kept and maintained by the CONTRACTOR digitally in WinCan©. These location records shall clearly show the stationing location in relation to the upstream manhole. Observations shall be digitally recorded by the CONTRACTOR in the approved file format and submitted to the OWNER. NO VHS TAPE RECORDINGS ARE REQUIRED NOR ACCEPTED AS A FINAL DELIVERABLE UNDER THIS CONTRACT. Hard copies of the inspection reports shall be bound and submitted to the OWNER with the digital data. The digital information shall contain multiple video inspection records and files that store each line segment as a unique digital record. Combining multiple segments on one form or digital record is not permitted. b) DIGITAL VIDEO RECORDINGS: The purpose of digitally recording shall be to supply a visual and audio record of all line segments and service laterals that are televised. The digital video playback speed shall be at the same speed that it was recorded. Slow motion or stop -motion playback features may be supplied at the option of the CONTRACTOR. The CONTRACTOR shall have all digital video and necessary playback equipment readily accessible for review by the OWNER during the project. The digital video file shall be a deliverable and will be required for completion of the work for each segment televised. The digital video files (recorded on the approved digital storage media) shall be indexed with the line segment and labeled appropriately on the disc. As a minimum, the video file shall display manhole numbers and footage at all times. Pictures, video and reports may be turned in via hard copy, CD -Rom, removable hard drive or DVD Data disk. All digital recordings and hard copy reports generated under this contract shall become the exclusive property of the City of Fort Worth. Video recordings shall be processed by CONTRACTOR and delivered to the OWNER after completion of CCTV inspection for review. A line segment shall be considered complete for payment once the CCTV, Sonar and Laser inspection and report has been delivered to the OWNER, reviewed and accepted. 3.2 Sonar Inspection A. General The CONTRACTOR shall warrant to the OWNER any and all claims from infringement of patents and shall save harmless the OWNER and his Representative from loss on account thereof. The purpose of the sonar inspection shall be to document pipe conditions below the water line in pipes which are partially or fully charged. Observations shall be recorded according to the procedures detailed in the City of Fort Worth Water Department CCTV Inspection and Defect Coding Program Manual. Sonar inspection results may also be used to determine the need for and limits of any cleaning which may be required. The work shall include all material, labor, equipment, supplies and supervision required to perform Sonar inspection of the pipelines detailed in the work order(s), including preparation of all digital recordings and written reports required under Part 3.2, Section C below. Alp 11,1'1111', 11,P,11, IjYr,",j111, 011,1!'A' Fort Worth Water Department Part E — Technical Specifications Item 200 — Inspection Page 4 of 77/21/2009 �ii,tln a 01, B. Sonar Inspection Procedures Sonar inspection shall be performed according to the Sonar System manufacturer's recommendation as it pertains to survey rate in inches per second. The sonar inspection system shall operate in real time mode with continuous interior scanning over a full 360 degrees. Digital data shall be recorded at full resolution. If an obstruction is encountered that prevents completion of the segment from the upstream manhole, the survey shall be restarted at the downstream manhole and continued back towards the blockage or obstruction to ensure maximum data collection of the pipeline segment. Work required to perform a "reverse setup" will be considered incidental to the contract and no additional compensation will be allowed. C. Sonar Inspection Documentation a) SONAR INSPECTION LOGS: Location records of the sewer mains inspected shall be kept and maintained by the CONTRACTOR in a digital format. These location records shall clearly show the stationing location in relation to the upstream manhole. NO VHS TAPE RECORDINGS ARE REQUIRED NOR ACCEPTED AS A FINAL DELIVERABLE UNDER THIS CONTRACT. Hard copies of the inspection reports shall be bound and submitted to the OWNER with the digital data. The digital information shall contain multiple video inspection records and files that store each line segment as a unique digital record. Combining multiple segments on one form or digital record is not permitted. b) DIGITAL RECORDINGS: The purpose of digitally recording shall be to supply a visual record of all line segments that are inspected. Slow motion or stop -motion playback features may be supplied at the option of the CONTRACTOR. The CONTRACTOR shall have all digital video and necessary playback equipment readily accessible for review by the OWNER during the project. The digital video file shall be a deliverable and will be required for completion of the work for each segment inspected. The digital video files (recorded on the approved digital storage media) shall be indexed with the line segment and labeled appropriately on the disc. As a minimum, the video file shall display manhole numbers and footage at all times. Video and reports may be turned in via hard copy, CD -Rom, removable hard drive or DVD Data disk. All digital recordings and hard copy reports generated under this contract shall become the exclusive property of the City of Fort Worth. Video recordings shall be processed by CONTRACTOR and delivered to the OWNER after completion of sonar inspection for review. A line segment shall be considered complete for payment once the CCTV, Sonar and Laser inspection and report has been delivered to the OWNER, reviewed and accepted. 3.3 Laser Inspection A. General The CONTRACTOR shall warrant to the OWNER any and all claims from infringement of patents Fort Worth Water Department Part E—Technical Specifications Item 200 — Inspection Page 5 of 77/21/2009 and shall save harmless the OWNER and his Representative from loss on account thereof. The purpose of the laser inspection is to reveal and document sewer line operational and structural conditions above the water line in pipes that are flowing partially full. Laser inspection results may also be used to determine the need for and limits of any cleaning which may be required. The work shall include all material, labor, equipment, supplies and supervision required to perform Sonar inspection of the pipelines detailed in the work order(s), including preparation of all digital recordings and written reports required under Part 3.3, Section C below. B. Laser Inspection Procedures Laser inspection shall be performed according to the Laser System manufacturer's recommendation as it pertains to survey rate in inches per second. If an obstruction is encountered that prevents completion of the segment from the upstream manhole, the survey shall be restarted at the downstream manhole and continued back towards the blockage or obstruction to ensure maximum data collection of the pipeline segment. Work required to perform a "reverse setup" will be considered incidental to the contract and no additional compensation will be allowed. C. Laser Inspection Documentation An integrated overview of Corrosion and Buildup data revealed from laser scanning is to be presented in a color coded format as an unrolled illustration of the pipe condition above the springline (9:00 to 3:00 clocking angles inclusive) over the length of the inspection segment. Measured pipe ID that coincides with expected values must be coded green. Material loss (corrosion), as measured by increasing pipe ID, must be colored on a yellow/red color scale, with red indicating advanced corrosion. Material gain (buildup), as measured by decreasing pipe ID, must be on a blue color scale. To support identified radial localization of defects, individual ID measurements, as computed from the axis of the inspected pipe, must be presented in an illustrated corrosion/buildup graph form for the 9:00, 10:30, 12:00, 1:30 and 3:00 clocking angle positions over the length of the inspection segment. Precision high resolution laser scan views identifying ovality and eccentricity must be presented in a color coded format as an unrolled illustration of the pipe condition to include the entire pipe circumference as well as a cross-section view where precision scans are taken during the pipe inspection survey. The color coding is to be identical to the aforementioned requirements. Where the presence of fluids in the pipe necessitates interpolation and estimation calculations to fill gaps and complete the full circumference view, the method and calculations used to support these assumptions must be presented. Sonar or as -built data, if used for these calculations, must be identified in the report. Areas revealing deflection greater then 2% must be identified in the report. Combining multiple segments on one form or digital record is not permitted. A laser Final Report shall be submitted in hard color copy and digital format on an external hard drive. All digital recordings and hard copy reports generated under this contract shall become the exclusive 101,111,'!: ,y0171p, Mph Ann 01,1111., Fort Worth Water Department Part E — Technical Specifications Item 200 — Inspection Page 6 of 77/21/2009 property of the City of Fort Worth. Data generated by the laser scans shall be processed by CONTRACTOR and delivered to the OWNER after completion of laser inspection for review. A line segment shall be considered complete for payment once the CCTV, Sonar and Laser inspection and report has been delivered to the OWNER, reviewed and accepted. 3.4 Locating Manholes with Signal Transmitting Device When all available means (visual, metal detector, probe) to locate manhole above ground have been exhausted, the Owner may direct the Contractor to locate buried manholes by the use of a Sonde signal transmitter and hand-held receiver. The Sonde signal transmitter sends a contiguous signal to an above- ground hand held receiver which pinpoints the location and depth of the signal transmitter. The process may be accomplished by attaching the Sonde unit to a television inspection crawler or a jet hose. Once the manhole is located, the depth of cover shall be determined and the criteria within Part D, Special Conditions, Paragraph D-33 shall apply. If the exposure requires City action, the manhole location shall be marked on the ground with green marking paint. The Contractor shall provide the lateral number, manhole number, station, address, and detailed sketch of the area with two measured reference points for the buried manhole to the City. The information shall be faxed to Mr. Kirit Patel, Water Field Operations, (817) 871-8382. 3.8 Measurement and Payment A. Television, Sonar, Laser Inspection Internal CCTV, Sonar, and laser inspection of sewer segments shall be paid at the unit price bid per linear foot for the various pipe sizes inspected. Measurement of the actual number of feet inspected shall be made from center of manhole to center of manhole. When a partial line segment is inspected, measurement shall be made from center of manhole to termination point of actual inspection. B. Locating Manholes with Signal Transmitting Device Work shall be paid at the unit price bid per manhole located using signal transmitting device. Price shall include cost to run transmitting device via television crawler or jetter hose to the manhole location. Owner shall authorize all work, and payment will be made only for manholes actually located. Fort Worth Water Department Part E—Technical Specifications Item 200 — Inspection Page 7 of 77/21/2009 +1M,, 00, KO. OW; OP' PART F BONDS AND INSURANCE ACORd v CERTIFICATE OF LIABI PRODUCER MARSH USA INC. 500 WEST MONROE STREET CHICAGO, IL 60661 Attn: Contract.RevIewCS5662marsh.com 227309-ALL-LINES-09-10 ACE PI INSURED ACE PIPE CLEANING, INC. 4000 E. TRUMAN ROAD KANSAS CITY, MO 64127.2290 TY INSURANCE DATE (MMIDOIWYY) 04/19/2010 THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A, Zurich American Insurance Company INSURER 8' Lexington Insurance Company INSURER C' INSURER D: INSURER E. NAIC 16535 19437 COVERAGES 1.1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '1N5R ADDL ..... LTR INSRC TYPE OF INSURANCE A I GENERAL LIABIUTY X COMMERCIAL GENERAL LIABILITY A CLAIMS MADE L„ J OCCUR X_ XCUANCI Ur)FF1 X PER PRQJECTASrGREGATE GENERAL AGGREGATE LIMIT APPLIES PER POLICY I PRO- ECTT I LOC AUTOMOBILE LWBIUTY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABIUTY ANY AUTO B EXCESS I UMBRELLA II LIABILITY X OCCUR 1,. .... CLAIMS MADE A L DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICERMEMBER EXCLUDED? (Mandatory In NH) Ir yes, SPECIAL PROVISIONSbe under below OTHER N POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRA11ON DATE (M/ILOIYYYY) DATE EINWOORCIIM GL09377201-06 10/31/2009 10/31/2010 BAP 9377199-06 10/31/2009 10/31/2010 015437961 10/31/2009 10/31/2010 VVC9377202-06 UNITS EACH OCCURRENCE DAMAGETO RENTED PREMSES(Ea occurrence) MED EXP (Any ere person) PERSONAL 6 ADV INJURY GENERAL AGGREGATE $ $ PRODUCTS - COMP/OP AGC,s COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per perm) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per as der'E) $ AUTO ONLY - EA ACCIDENT $ OTHER ANEA ACC $ TI AUTO ONLY: AGO IS EACH OCCURRENCE $ AGGREGATE 1 000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 2,000,000 2,000,000 $ 2,000,000 $ $ 10/31/2009 10/31/2010 x ITSTATU- OTH- ORY LISIIIS FR E I EACH ACCIDENT JJ $ 1,000,000 E L DISEASE - EA EMPLOYEI $ 1,000,000 E L. DISEASE - POLICY LIMIT $ 1,000,000 DE-CRIPTION OF OPERATIONS/LOCATIONS/VEHICLE.:/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE. INTERCEPTOR ASSESSMENT PROGRAM CONTRACT 1, LARGE DIAMETER SANITARY SEWER CCTV, SONAR AND LASER INSPECTION; PROJECT IICAP09-1, PE45-0707015-539120 THE CITY OF FORT WORTH, ITS OFFICERS, EMPLOYEES AND SERVANTS IS AN ADDITIONAL INSURED UNDER GENERAL LIABILITY, AUTOMOBILE LIABILITY AND EXCESS LIABILITY, BUT ONLY TO THE EXTENT REQUIRED BY THEIR WRITTEN CONTRACT WITH THE NAMED INSURED FOR OPERATIONS PERFORMED BY THE NAMED INSURED. A WAIVER OF SUBROGATION APPLIES UNDER THE WORKERS COMPENSATION POLICY FOR OPERATIONS PERFORMED BY THE NAMED INSURED. CERTIFICATE HOLDER CHI-002667249-20 CITY OF FORT WORTH 1000 THROCKMORTON STREET FORT WORTH, TX 76102 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AG VETS OR REPRESENTATIVES AncelegtSA IrK�TA nK Mary Radas2 wslo ACORD 25 (2009/01) , 1998-2009 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of suth endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Acord 25 (2009/01) CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Veron's Annotated Civil Statues, Contractor Certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth Proiect Number PE45-539120-0707015. CONTRACTOR By: Title Date STATE OF TEXAS ilUorfee COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ,., A V' t ' . known to me to be the person whose name is subscribed to the of instrument, d a d to me that he executed the same as the act foregoing^h, li'''..., ^ " �me�nt, and ,c ow ei gei for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this • y,n,,,n,,;r.q MY moms. �NM'�����imi� ��rvmViWrvrvVmw!uuuYW��awW�mmiVmw.uN'm'A'I,Wwmary�:��,����.�ux�.���� of Q....'' . lM'a, Notary Public in and for the State of Texas Page 1 Of 1 Bond No. 105343055 MI PERFORIV1ANCE BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT That we, (1) ACE PIPE. Casualty and Surety Company of America CLEANING, INC., as Principal herein, and (2) Travelers . a corporation organized under the laws of the State of (3) Connecticut , and who is authorized to issue surety bonds in the State of Texas, Surety herein, areheld and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of EIGHT HUNDRED FORTY EIGHT, EIGHT HUNDRED SEVENTY FIVE DOLLARS AND NO CENTS 1$841.3,87.001 for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contact with the Obligee dated the day of 2009, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of: Interceptor Condition Assessment Prograra Contract 1: Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. , _....._ . Il 1 SIGNED and SEALED this day of ATTEST: (Principal) Secretary (S E A L) Witness as to Principal ATTEST: Secretary /i E A 1...)' Witness as to Surety , 20 • Ace Plpe Cleaning, Inc. PRINCIPAL Name: Title: /&/,6,441,e'/n Address: 1509 Sylvania CT. Fort Worth, TX 76111 Travelers Casualty and Surety Company of America SURETY, By: Name: Attorney in Fact Marva Miller Address: One Tower Square Hartford, CT 06183 Telephone Number 800.747.3719 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attomey shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. TRAVELERS J. IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH TIES NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. ' TRAVELERSJ Attorney -In Fact No. POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company 2?_i 39S St. Paul Mercury Insurance Company Travelers Casualty and Surety Cornpany Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 3 1 2 4 4 0 8 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance Company and St. Paul Mercury Insurance Cornpany are corporations duly organized under the laws of the State of Minnc.sota, that Farmington Casualty Company, Travelers Casually and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws or the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby rriake, constitute and appoint Carol F. Taseiotti, Evonne Brown. Adele M. Korczak, Grace Villarreal, Gail Sehrocdk.ii. Cindy Genslinger. Gino M. Damato. Thomas A. Pielor. Erik Janssens. Jane Bronoit, Michael Damewood, Roi,emary Milliere, Kathleen M An&rson, Vaenessa Sims, Luisa Catalano. Marva NI iller, Thomas N. Tai2ue, Brenda D. Hockberger, Meredith Day, Carl Ma A. Jewell, Tara S. Peteren. Todd I). Baranial:. Dale F. Poqueue. Oscar F Rincon, Heather Meyer. Moises Alcantar. Jarnes P. Fagan. Amor Patel. Heather J. Menegnetti. John C. Redding. Stephanie Miller, Phil Horvath, Grace Lawrence. David Letcher, Andrew Stonit, Jennifer Seppi, Ann Mulder, and Gabriel Jacque/. of the City of Nape.rvil le/Chicago State of 11l, their true and lawful Attorney(s)-in Tact, each in their separate capacity if more than one is named above, to sign, execute. seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf (it the Cun issc iii their of guaranteeing the fidelity of persons, guaranteeing the Derformiii,, contracts and executing or guaranteeing bonds and undertakings required giq. State of ILLINOIS Co y of KENDALL this day of before me personally appeared ___ Marva Miller , known to me to be the Attorney-inFact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. State of Connecticut City of Hartford ss. OFFICIAL SEAL GINA M. DAMATO NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES APRIL 5, 2012 By: ---(flotary Public) Thompson. ice President 14th July 2009 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Si. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, Si Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf or lire corporations by himself as a duly authorized officer In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. Nci\FiA, e. Marie C. Teireault, Notary Public 58440-4-09 Printed in U.S.A. IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given hint or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company niay be affixed by facsirrule to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,'I'ravelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seals of said Companies this _ 1. 3 Vl i!i) day of. Kori M. lobar sc1 /Assistant Secretary ,20 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached ���IWIII WARNING THIS POWER OF ATTORNEY If INVALID WITHOUT THE RED BORDER IIIIMIw itlWWh,li pMIWANpYM1MM W� rMkkAWWIW'A&CIIwMMVkdnmiwuwWW WnI1Ww1%wNWIWYp/MIWWIWIMW mflMli M I&I Bond No. 105343055 THE STATE OF TEXAS COUNTY OF,TARRANT That we, (1), ACE PIPE' Casualty and Surety Company of America PAYMENT UOND KNOW ALL BY THESE PRESENTS: CIE/ON-N& INC. as Principal herein, and (2) Travelers , a corporation organized and existing under the laws of the State of (3) Connecticut , as surety, arc held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, :1"exas, Obligee herein, in the amount of EIGHT HUNDRED FORTY EIGHT, EIGHT HUNDRED SEVENTY. FIVE DOLLARS AND NO CENTS ($848.875.00) for the payment whereof the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the day of 20 which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Interceptor Condition Assessment Program Contract 1: Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection NOW, THEREFORE, TEE COMMON OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein, IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. -7r 2'0110 SIGNED and SEALED this day of , 20 . ATTEST: (Principal) Secretary (SEAL) Witness as to Principal ATTEST: Secretary' 11 Ace Pipe Cleaning, Inc. PRINCIPAL By: Name: _4•1;"te-liceC ef,/ oPoi '41A/ L Address: 1509 Sylvania CT. Fort i.hirth. TX 76111 Travelers Casualty and Surety Company of America SURETY By: Name: Attorney in Fact Marva Miller (S E A L) Address: 2 „, - Witness as to Stditty / One Tower Square Hartford, CT 06183 Telephone Number. 80°•7473719 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to eond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH TH1S NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53 202, Property Code, effective September 1, 2001. mmm'drvrvrvrvu���oimnmiiiimiiiiimumu�umi WARNING :THIS POWER mOF ATTORrvrvrvrvuNL�uuwu'rvu' m��uvwm��ww11 J1VALrvrvmwYrvD W�rv��wwI IHOUIHE ru,wRED�mrvmBORDEkiwm,wm, wwunawm' m,tin, ro +uuum�winro ���uM�mu+w„iwimwr�nmA mrv� w„„x m„wr�mrvrv�ruu.riuwmw. POWER OF ATTORNEY Farmington Casually Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. ' ' l 398 St. Paul Mercury Insurance Company . avelers Casualty and Surety Company Travelers Casually and Surety Company of America United States Fidelity and Guaranty Company tilicate No. 003124409 KNOW ALL MEN BY THESE PRESENTS. That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Carol F. Tasciutti, Evonne Brown. Adele M. Korc-r_ik. Grace VIIIa1Teal. Gail Schtocdcr, Cindy Gcnslin+tcr. Gina M. Damato. Thomas A. Pictor. Erik Janssens. Jane Bronson, Michael Damewood. Rosemary Mulicrc. Kathleen M. Anderson. Vacncssa Sims. Luisa Catalano. Marva Millet, Thomas N. "fague. Brenda D. Hockher. er. Meredith Day, Carlini A. Jewell. Tara S. Petersen, Todd D Haraniak, Dale F. Poquettc. Oscar F. Rincon, Heather Meyer. Moises Aleantar. James P. Faun, Antar Patel, Heather J. ivIcne.gheLii, John C. Redding, Stephanie Miller, Phil Horvath. Grace Lawrence, David Letcher, Andrew Stontz, Jennifer Seppi. Ann Mulder. and Gabriel Jacque/ of the City of Naperville/Chicago , State of tuition`, _ , their true and lawful Attorney(s)-tn-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. State of ILLINOIS County of KENDALL n this day of , 2009 , before me personally appeared _Marva Miller known to me to be the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. pis* City of Hartford ss. OFFICIAL SEAL GINA M. DAMATO �Y PUBLIC - STATE OF ILLINOIS SSION EXPIRES APRIL 5.2012 (Notary Public) lJeOrgl.C.1 rnaininou.(171,, , 14th July 2009 On this the day of ..___ , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that hc, as such, being authorized so to do, executed the foregoing instrument for the purpose; therein contained by signing on behalf of the corporations by himself as a duly authorized officer In Witness Whereof, 1 hereunto set my hand and official seal My Commission expires the 30th day of June, 2011. `' Marie C l ircault, Notary Public 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID fnhIIfI I1l mwwmm ITHOUT THE RED BORDER WARNING: "I"HiS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney granted under and by the authority of the following resolutions adopted by the Boards of Directors of Ru'rnington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, Sr. Paul Guardian 'Insirance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amertca, and United States Fidelity and Guaranty Company. which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; arid it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairrnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Artomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may he affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. Kori M. Johanson, the understgned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. ( P IN TESTIMONY VHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6ay o Kori M. Johans Assistant Secretary i ; coo, arta ri • •••••••:—..." _, 20 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. Mg, gild/ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER mom Iddgdmoddieddidgoftgdgg0011/11/dedgdmmdd W.wlWx•,.wW o ��ew� ��,". .��������o�www..,,, umWHwwwwNllwwwuWWyuymNIINNW:a'duVWUNupNlulluuwl0umwµ�'w'mµyrywlNmNIWNIUIIwwWN!µiw WARNING: THIS POb'VLH Y'" AhOHNL`v' to INVALID 'V"V'V'I'HOUI 'I'Iil II"tC POWER OF ATTORNEY TRAVELERS Attorney -In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company " 1398 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 312 4 4 2 6 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Inswance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and wlow Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint '971 Carol F. Tasciotti, Evonne Brown. Adele M Korczak, Grace Villarreal, Gail Schroeder, Cindy Genslinger. Gina M. Damato, Thomas A. Pictor, Erik Janssens, Jane Bronson. Michael Damewood, Rosemary Multere, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, Mama Miller, Thomas N. Tague, Brenda D. Hockberger, Meredith Day, Carlina A. Jewell. Tara S. Petersen, Todd D. Baraniak, Dale F. Poquette, Oscar F. Rincon, Heather Meyer, Moises Alcantar, James P. Fagan, Amar Patel, Heather J. Meneghetti, John C. Redding, Stephanie Miller, Phil Horvath, Grace Lawrence, David Letcher, Andrew Stontz, Jennifer Seppi, Ann Mulder, and Gabriel Jacquez 'sN of the City of Naperville/Chicago , State of Illinois , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. „, State of ILLINOIS. County f DUPAGE IP� OnjAis day of known to me to be the that executed the within IN WITNESS WHERE City of I-farttord ss. loth .'r rate seals to be hereto affixed, this _ Attorney -in -Fact of TRAVELERS CASUALTY • before me personallyappeared instrument and acknowledged to me that STo AND SURETY CONY OF AMERICA Marva Miller corporation executed the MA meNY the corporation OF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first ;written above. 0 -IA BRENDA D. HOCKBERGER NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES FEB 4, 2012 (Notary 'ublic) loth July 2009 On this the day of , before me personally appeared George W. Thompson, wno himself to be the Senior Vice President of Farmington Casualty Company, fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St Paul Fire and Marine Insurance Company, St. Paul Guardian insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. W/" lam • J `Marie C. Tetreauli, Notary Public 58440-4-09 Printed in U.S.A. INVAI„ID WITHOUT THE RED BORDER RIPIONIORWM0610.010,10041WARNMAMMIIAMIKOMIIMNIMI ore, „m .„.„Akr JIM ARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Poe l of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guara isy Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, Si. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairrnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, he Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be va id and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, .iny Second Vice President, the Treasurer, any Assistant 'Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate :elating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and uncleri ikings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be va id and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. J ohanson , the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, inc., St. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, Si, Paul Mercury insurance Company, 'Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked, IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this LPII)111") Kori M. Johans A sslsi5ril Secretary _ 20 To verify thc authenticity of this Power of Attorney, call I-800-421-3880 or contact us at www.travelersbond.corn. Please refer to the Attorney -In -Fact number, the above named individuals and the details of the bond to which the power is attached. MIMI/ I m, PO) ON. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOI IT THE RED BORDER wWHIM MONO 061g1011MIIMIMINNWIIMMINIMMINOMMAIMINIPNIMINIMPIRMONAMMII.MIPMMINIWOONOSNIMIlin Bond No. 105343055 i • MAINTENANCE BOND THE STATE OFTIEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: • That ACE PIPE CLEANING. INC. ("Contractorl,as principal, and, Travelers Casualty and Surety Company of America a corporation organized under the laws of the State of Connecticut ("Surety), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City') in Tarrant County, Texas, the sum of EIGHT HUNDRED FORTY EIGHT. EIGHT HUNDRED SEVENTY FIVE DOLLARS AND NO CENTS M348,875.001, lawful money of the United States, for payment of which sum well and truly be made urito said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that WHEREAS, said Contdlotorhas, day entered into a written Contract with the City of Fort Worth, dated the of , 20 , a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements; Interceptor Condition Assessment Program Contract 1: Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection the same being referred to herein and in said contract as the Work and being designated as project number(s) *PE45-0707015-539120 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two L2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, ifbe necessary; and, N N •NINN 1,110111111111111.• I I Ai: a WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW. THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repaeor reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract This obligation shall be a continuing one and successive recoveries may be had hereon for successive breathes until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 9 counterparts, each of which shall be deemed an original, this day of , "R. (I II 0 10 A.D. 20 ATTEST: (S E A L) Secretary ATTEST: (S E A L) ( Secretary ) Ace Pipe Clean i ng, Hc. Contractor By: Name: 2„;2/4.1ce j2M1c,to-s) Title: Q"Aft "151e— Travelers Casualty and Surety Company of America Surety By: Name: Marva Mi I ler Title: Attorney -In -Fact One Tower Square Hartford, CT 06183 Address h/ TRAVELERS J IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P,O, Box 149104 Austin, TX 78714-9104 (800) 252-3439 Al t ACTT THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53,202, Property Code, effective September 1, 200 1 . fpn rho II I�IoM�ow PART G CONTRACT CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALT, BY THESE PRESENTS COUNTY OF TARRANT 'A "1 This Contract made and entered into this the day of A.D., 20_, by and between the CITY OF FORT WORTH, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and (Contracting Company Name here), ("Contractor") Owner and ACE PIPELINE CLEANING. INC. Owner and Contractor may be referred to herein individally as a "Party" or collectively as the "Parties." WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Interceptor Condition Assessment Program Contract 1: Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Water Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Depaitment of Water (Engineering) of the City of Fort Worth, 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 365 Calender days. If the Contractor should fail to complete the work as set forth in the Plans and Speci.ficationsand Contract Documents within the time so stipulated, plus any additional time aled as provided, in ,t1te General Conditions, there shall be deducted from any monies due or which may thereafter become due him, thc stun of $315.00 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5 Should thc Contractor fail to bcgin the work herein provided for within the time herein fixed or to carry on and complete the same according to the truc meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's solc negligence. In addition, Contractor covenants and agrecs to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniurv. damage or death is caused. in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destniction to property of thc Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has bcen referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performcd under a City Contract, 7. The Contractor agrees, upon the execution of this Contractor, and before beginning work, to make, execute and deliver to City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. The form. of the bond shall be as herein provided and the surety must first be acceptable to the requirements of the Chapter 2253 of the Texas Government Code, as Amended. A. If the total contract pricc is $25,000 or less, payment to thc contractor shall bc madc in one lump sum. Payment shall not be made for a period of 45 calendar days from thc date the work has been completed and accepted by the Owner. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the Contract, solely for the protection of the claimants supplying labor and material in the prosecution of the work. C If the Contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the Contract conditioned on the faithful performance of the work in accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be for the protection of the Owner. D. A Two-year Maintenance Bond in the name of the Owner is required for all projects to insure the prompt, full and faithful performance of the general guarantee contained in the Contract Documents. 8. The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of' the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a, shall be EIGHT HUNDRED FORTY EIGHT, EIGHT HUNDRED SEVENTY FIVE DOLLARS AND NO CENTS ($848,875.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the Engineering Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. lt is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. U1(1 Done in Fort Worth, Texas, this the day ot A.D., 20 . RECOM1* DED: / DIRECTOR, DEPARTMENT OF WATER 4-1 \ h, 4a ?1,0; CONTRACTOR BY: 4m( /Y21441414- TITLE P;09 5y/mN;4 47- jr( ADDRESS CITY OF FORT WORTH FERNANDO COSTA, ASST CITY MANAGER ATTEST: CITY SECRETARY -;>•"- 411 (S E A L) gt*" 00„,fXAS 'lleapP-1126 fr41‘ °'; APPROVED AS TO FORM AND LEGALITY: SSA ASS . ATTORNEY